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Is an inheritance considered marital property?

In Florida, inherited assets are typically considered non-marital or separate property, not subject to property division laws. A spouse should not be entitled to any portion of another spouse’s inheritance. However, if a spouse is not careful, they can cause an inherited asset to become a marital asset by commingling the asset.

By mixing the separate inherited assets with marital assets, the inheritance may be considered jointly owned and subject to the FL property division laws. This commingling can be very subtle, like allowing the spouse access to invest or paying a joint bill from inherited funds.  Once the funds are considered comingled, they typically cannot be separated and become marital property.

Of course, a prenuptial or postnuptial agreement drafted by a family attorney is the best way around this inheritance question. You cannot disinherit your spouse from your estate or primary residence. Not wanting your spouse as a beneficiary is a good reason for a prenuptial or postnuptial agreement.

Every state has its rules regarding inheritance and divorce, and it pays to educate yourself when protecting inheritance from a divorce.

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