Legal Question in Family Law in Florida

I would like to know in the case of divorce. my brother and i inherited my mothers home. we are trying to sell the home. what are the laws in this situation? i'm worried that my husband will have a right to ask for proceeds from the house. could you please give me any advice you can. his name is not on anything to do with the house. i will also have some other questions coming up very soon. thank you so much


Asked on 12/16/12, 11:44 am

3 Answers from Attorneys
Dawn Marie Bates-Buchanan Bates-Buchanan & Savitsky Law Group, P.A.

If you inheireted you Mothers home and you sell it, so long as you had not put your husbands name on the real properties title or deed and or you don't put any funds you receive from the sale into an account that has your husbands name on it, thereby co-mingling the funds, then the funds would be non-marital and not available to your husband in the divorce. I would suggest putting any funds from the sale in a special trust that would protect it during any divorce from any impression if being co-mingled. Good Luck!

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Answered on 12/16/12, 8:06 pm
John Smitten Carey and Leisure

An inheritance to you only is not a marital asset, even though you are married. You can sell the home no problem he does not get any part of it. Contact my office for free consultation 727-446-7659.

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Answered on 12/17/12, 3:32 am
Lucreita Becude Lucreita D. Becude, P.A.

Just be sure not to co-mingle the funds you receive. I suggest you put those funds in a separate account from your current assets in order to insure the funds never were part of the marital assets.

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Answered on 12/17/12, 5:29 am


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