Legal Question in Family Law in Florida

Re: Divorce & Inheritance

The best way is to have her sign a post nuptial agreement.

Re: Divorce & Inheritance

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The simpliest method is to continue to segregate the monies. The deed must be in your name alone. At the closing, instruct your closing attorney to have your wife execute a Quit Claim Deed to you which would give up any claim she might make on the property.

As an extra safeguard, you might wish to have a post nuptial agreement drafted and executed by both parties. In this agreement, you would have the rights and obligations of both parties set forth in case of a dissolution of marriage. Proper planning now, will save much fighting later if a divorce should ever occur.

Scott R. Jay, Esq.

Re: Divorce & Inheritance

So you have the whole picture: your down payment taken from your inheritance will remain individual property (yours at divorce). It's the equity paid for with your salary that will be marital property (regardless of the name on the deed or the fact that she does not contribute financially). As previously stated, the only way to avoid this is with a postmarital agreement in which both of you agree that in case of a divorce, the entire value of the house is yours.