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  1. #1
    Sunshine0128 is offline Junior Member
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    Apr 2011
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    Default Residence bought with inheritance money

    I'd like to know if I would lose the house my husband and I bought using money I inherited from my Mother's estate if we got divorced? And can he take anything that wasn't his when we first got married?

  2. #2
    Attorney Cheri Hobbs's Avatar
    Attorney Cheri Hobbs is offline Super Moderator
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    Oct 2009
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    The Orlando office covers cases in the Central Florida area.
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    Default

    The simple answer is that whatever assets are pre-marital (acquired prior to the marriage) or non-marital (inheritance that is not co-mingled or acquired post separation) is not divided 50/50 in Florida.

    If you use a gift or inheritance and co-mingle (join it with marital funds in a joint bank account for example) that money then it becomes a marital issue.

    If you reside in a premarital or nonmarital residence for some time there is case law that states any equity that accrues during the marriage is marital.

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