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Is an inheritance part of division of property in the state of Florida?

Daytona Beach, FL |

My Mom left me an inheritance and I was wondering if I divorce my husband if he is entitled to any of her monies or property that has been purchased from her monies.

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The analysuis starts with Fla Stat 61.075 (you can look at this on the Florida Senate website). It provides that non-martial assets are to be "set apart" to the appropriate party and not distributed in divorce. Next you must determine what is non-marital. the same statute defines among other things non-marital assets to be be inherited property. At this point it remains yours aloe. Next there is an examionation of how you treated the money or property during the marriage. If you put it in a joint bank account or paid on a house titled jointly you just made an interspousal gift to your spouse and the inherited property became marital. Martal property is usually divided 50-50. If this is what happened you shoujld ask for a non-equal distribution and be prepared to offer STONG testimony as to why no gift was intended

This answer was provided as a courtesy to you and no attempt was made to establish any type of attorney/client relationship.



Thank you to all that responded to my question. I have consulted an attorney and am happy to report that I handled the monies and property appropriately. It was never co-mingled. Again, THANK YOU


That depends on what you have done with the money. It sounds like it has been commingled or otherwise used in connection with marital property. A good divorce lawyer can help you deal with this. You have an argument that it should not be considered. Hopefully, this will never become an issue for you.

James Frederick

*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.


I agree with Attorney Frederick. Many factors will go into the determination of whether it is solely your property or whether it is joint property. A good divorce lawyer will not only explain the likely outcome, but will also be able to craft the argument and present your position in a way that enhances it.

It is unfortunate for a marriage to end, but you should be certain to protect yourself and your interests when there is no longer an option. Office tel: (561)245-4723 Website: The answer provided does not create an attorney-client relationship, nor is the answer provided intended to be relied upon as legal advice. The information provided by the questioner is insufficient to serve as the basis for meaningful legal analysis. It is the questioner's responsibility to seek legal advice from an attorney who has had the opportunity to familiarize herself with the full details of the questioner's case. By providing these answers, I am not obligated to respond to any subsequent communication from the questioner. If the questioner would like me to serve as their legal counsel and render legal advice, they will have to sign a retainer agreement. The questioner is free to contact my office for a complimentary 30 minute consultation.


I would agree with Attorney Martinez. I have also edited your post so that attorneys practicing family law and division of property will also see your questions. I echo the comments that you should speak with a family law attorney regarding the specific nature of the assets.

The information contained in this answer is not,nor is it intended to be, legal advice. Please consult an attorney for information related to your specific situation. Further, this answer does not form an attorney-client relationship between the attorney and the individual(s) or entity requesting information.

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