What Happens To Inherited Property In A Fort Lauderdale Divorce?

Having trouble in your marriage and receiving an inheritance? Whether it’s money, real estate, or family heirlooms, you may be wondering what happens in the event of a divorce in Fort Lauderdale. People often assume an inheritance is automatically safe from property division. Unfortunately, that isn’t always the case in Florida.

The way you handled inherited property during your marriage can determine whether it remains yours or becomes part of the marital estate. Our experienced Fort Lauderdale divorce attorney explains how courts view inheritances and shares steps to protect what’s rightfully yours.

How The Court Classifies Inherited Property in Fort Lauderdale Divorce Proceedings

Are you facing problems in your marriage and have concerns about an inheritance? Under the Florida Statutes (Section 61.075), the rule of equitable distribution applies. This means that marital property gets divided fairly, but not necessarily equally, in a Fort Lauderdale divorce.

Not all assets are the same, though. Inheritances are typically considered non-marital property, but some exceptions can change that status. Here’s what you need to know about how the Broward County Family Court classifies and evaluates inherited assets:

• Individual vs. Joint Ownership: If you keep an inheritance in your name alone, it typically remains separate property.
• Commingling: If inherited funds are deposited into a joint bank account or otherwise used by both you and your spouse (such as for paying a mortgage), they may be considered marital property.
• Appreciation in Value: If your spouse contributed to maintaining or improving inherited property, such as renovating a home, that added value could be subject to division.
• Documentation: Copies of bank statements, wills, and transfer records are critical.

Intention matters in these cases. Giving your spouse access to inherited funds or adding their name to the title can be viewed as sharing ownership.

How to Protect Inherited Property in a Broward County Divorce

If you want to make sure your inheritance remains yours, taking proactive steps can help. Our experienced Fort Lauderdale divorce attorney recommends the following:

• Keep your inheritance separate and avoid mixing it with joint money.
• Keep records showing how and when you received the inheritance.
• Avoid using inherited money to pay bills or improve joint assets.
• Consider using a postnuptial agreement to identify inherited assets as separate property.

Worried your inheritance is already commingled? We can still help by presenting clear evidence that shows why it should remain non-marital.

To Protect Your Inheritance, Contact Our Experienced Fort Lauderdale Divorce Attorney

Divorce can raise difficult questions about money and fairness, particularly when a family inheritance is at stake. At The Law Office of Sandra Bonfiglio, we help Fort Lauderdale clients protect these assets and prevent them from being divided in a Broward County divorce.

Whether you’ve inherited a family home, investment account, or valuable heirlooms, our legal team is here to help. To protect your rights in court, give our office a call or contact us online. Schedule a consultation to discuss your options with our experienced Fort Lauderdale divorce attorney today.

Sources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html

browardclerk.org/Divisions/Family