Does An Inheritance Become Marital Property In Miami?

May 22, 2023

When it comes to divorce, one of the most contentious issues is dividing property. And while most people know that property acquired during the marriage is typically considered marital property, there is often confusion about how inheritance factors into the equation.

Let’s explore the question of whether an inheritance becomes marital property or not and how a Miami divorce lawyer can help you navigate the details.

What is Marital Property?

The court’s first task is distinguishing between marital vs separate property. If you are asking, is inheritance marital property?, the answer in Florida is usually no—but only if the asset was never ‘commingled’ or used to benefit the household.

Equitable does not necessarily mean equal, however, and property division is often a complex and emotional process.

What is an Inheritance, and is it Considered Marital Property?

Inheritance is the property, money, or assets that are passed down to an individual after the death of a family member or loved one. Inheritance can take many forms, including cash, real estate, stock options, and personal belongings.

In Florida, inheritances are not considered marital property as long as they are maintained separate and apart from marital property. If you receive an inheritance during your marriage, it will likely be considered separate property and not subject to equitable division during a divorce. However, there are some situations where inheritance can become marital property.

When Can Inheritance Become Marital Property?

There are a couple of ways inheritance can become marital property.

The first is if the inherited property is commingled with marital property. For example, if you inherit a large sum of money and deposit it into a joint bank account with your spouse, that money may be considered marital property.

Another way that inheritance can become marital property is if it is used to purchase property that is titled jointly. For example, if you use your inheritance to purchase a house with your spouse and both names are on the title, the house may be considered marital property.

Can Inheritance Be Protected in Divorce?

It is possible to protect inheritance in a divorce. The most effective way to do this is to keep the inherited property separate from marital property. This means keeping the property in your name, keeping it in a separate financial account, and not commingling it with marital assets.

What Happens to Inheritance Received Before Marriage?

An inheritance received before marriage is typically considered separate property and is not subject to division during a divorce. Again, however, if the inheritance is commingled with marital property, it may become subject to division.

How Can an Attorney Help Protect Inherited Property in a Divorce?

Our team specializes in protecting an inheritance in divorce by performing deep financial audits to trace the origins of your funds. We ensure that your separate legacy remains yours, even if the marriage is ending.. We can also help you navigate the divorce process and ensure that your rights are protected regarding your inherited assets.

At Vasquez de Lara Law Group, we’ll review your divorce case and determine the best actions for protecting your inheritance from property division. Contact us today to get started.