When dealing with divorce, you’re probably worried or wondering, “what is gonna happen to the property I inherited from my family?” In the state of confusion and worry, it’s hard to process on your own the state of Florida laws and proceedings. You can finally stop frantically searching for a Miami Law Firm near you. Arturo R. Alfonso Family Law Attorney knows the game and all the rules that apply. Arturo R is one of the best attorneys in the divorce law firm located conveniently in Miami, Florida. 


Florida Inheritance & Divorce Explained By The Best Divorce Law Firm

There are a few steps to determining the outcome of the inherited property or properties. The first step is to determine if it was a marital or non-marital property. If it was a non-marital, it means it didn’t happen within that marriage. However, in the state of Florida, anytime a party within a marriage is inherited, a parting gift, bequest, or assets, it is considered a non-marital asset, which means it cannot be split 50/50 in a divorce. Even further into detail, if the receiving party was to for any reason sell that property in exchange for something else, that new purchase will still fully remain a non-marital asset. 


Proving The Inheritance 

For the court to be sure the inheritance was, in fact, real, you have to be able to prove it. 

If you can’t prove it was an inheritance, the courts are obligated to presume the property to be a marital asset, enabling them to consider splitting the property between the two parties. You must prove the asset completely came from an inheritance. There are many simple ways to do that, such as presenting a will, death certificate, and written letters from the presenter. Other ways would be to contact your bank holder for the information of the inheritance check and prove the property was dispensed into a separate account, not one shared with the other party. A lot of mistakes get brought up with this case due to the stickiness of the rules, such as if the property is considered “fungible.” For example, say you took 20.05$ out of the bank account, and some of your now cash has been combined with the other party’s cash- there is no way to prove that money was absolutely yours. When that happens, it’s considered to lose its non-marital status.


Can a Non-marital Property Become A Marital Property? 

The short answer is yes, it can. If the non-marital asset was put into a joint account or given to the other party, it automatically becomes a marital asset. Essentially, if the money was put into a joint account where the other spouse has access to the money, the state of Florida considers it a gift to the spouse. On the other hand, if the money was kept in an account that the other party didn’t have adequate access to the money, it remains a non-marital property.


Contact Us Today For More Information! 

You no longer need the added stress of finding a Miami law firm who can help your case. Arturo R Alfonso Family Law Attorney is one of the best divorce law firms in Miami, Florida. You don’t have to do this alone. We can help guide the process in the right direction giving you the best possible outcome. We are experienced and hard-working, and only want the best for our clients. Call or visit us online today for more information!