Legal Question in Family Law in Florida

Re: husbands grandfather passed away

Hello: I just read your question...and I read an answer from another atty. I can futher clarify these issues. First, I have to state this is not a formal legal opinion and this is not an atty/client relationship. This is a general discussion of legal principles.

This question is categorized under family law. Is there a possibility of separation or divorce or just a question regarding the funds your husband received? I'll explain general family law re: distribution of marital assets in a divorce.

The Statute controlling this is 61.075 Florida Statutes. Basically, all assets that come in DURING the marriage are each deemed to be a marital asset. As such if there is a divorce, the property is usually equally split. There are exceptions...When the source of funds or property is from outside of the parties (inheritance or other gift) and the receiving spouse COMINGLES that property with marital funds or allows the parties to use those funds or property, that property loses its nature as nonmarital and becomes marital.

Also, if nonmarital funds are kept separate by the receiving spouse, the increase in value of that property during the marriage can become marital and may be split...just the increase.

If you two are not having marital problems, the nature of those funds will be determined by where they are deposited and who uses the funds. If they are kept in a separate acct. and never used by the parties jointly, they may not be marital at a later divorce, if that were to occur.

'Hope this helps. If my office can be of assistance to you on this or other maters up here in north Fla. please give me a call. Tom Rosenblum

Re: husbands grandfather passed away

No. Inheritance is individual property (as opposed to marital property). Your husband can still make a gift to you of part or all of it if he wishes. Then it will be yours.