Legal Question in Real Estate Law in Florida

A brother will be inheriting one quarter of property located in Michigan which as you know is a community property state. This brother is living in Florida, which also is a community property state, and is married to an illegal alien. Question is, does he wife have dower rights, which she will have to waive in order that property can be sold?


Asked on 7/26/14, 10:19 am

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

First, Florida is NOT a "Community Property" State. I can't comment on Michigan law. In Florida, inheritance property does not automatically become part of the marital estate. There are MANY ways the property can become part of the marital estate, or transfer to the brother's wife.

You or the brother should consult both a Florida and Michigan attorney to discuss the situation. Even If there is no right to ownership, it may not be a bad idea to have the spouse sign a waiver of any claims

Read more
Answered on 7/29/14, 6:02 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida