QUESTION
Is my spouse entitled to a small inheritance I received from my parents?
Asked on Jun 28th, 2014 on Divorce - Florida
More details to this question:
I received a small inheritance from my parents after they passed away. I placed it into a personal account in my name only. The funds were never commingled. Is my wife entitled to any of these funds? I live in Florida.
4 ANSWERS
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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Generally, an inheritance is a non-marital asset and is not subject to equitable distribution. However, if you place the funds into a jointly titled account or otherwise commingle the funds, then they may be. If you are truly uncertain if any actions you have taken have placed the funds at risk, you should consult with an attorney.
Answered on Jun 30th, 2014 at 7:56 PM
It sounds as if you did NOT donate the inheritance to the marriage, so you have a very good chance of keeping the funds as your separate property. Good luck.
Answered on Jun 30th, 2014 at 7:53 PM
John Arthur Smitten
No, just keep it in your name only.
Answered on Jun 30th, 2014 at 1:00 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No, as long as you have kept it completely separated, you have what is known as a "special equity" in those funds because they came from somewhere totally outside of the marriage.
Answered on Jun 30th, 2014 at 12:59 PM