If I’m due to receive an inheritance in the near future, does my husband have any rights to this money?

Asked on October 9, 2015 under Family Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In a divorce, an inheritance is considered to be the separate property of the spouse who inherited it. it is not subject to division in a property settlement. That having been said, if the inheritance proceeds are "co-mingled" i.e. mixed with marital assets, then they can become subject to the terms of a property settlement. Accordingly, if a divorce is imminent or just being considered, be sure to keep this money separate from any joint bank accounts, etc. Also, do not use it to buy a new home or renovate an existing home, at least not without keeping good records.
At this point, before you receive your inheritance, you should consult with directly with an attorney as to the specifics of your situation. They can best advise you further.

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