CAN MY SPOUSE TAKE MY INHERITANCE IN THE DIVORCE?

It depends. In the Sorgen case the Florida 4th District Court of Appeal tackled this issue. In this case, prior to the marriage, the wife had inherited a home with her sisters. Subsequent to the marriage, she bought her sisters out and used marital funds to pay taxes on and to renovate the home. The appellate court found the home was a marital asset because the asset had been “comingled.” The moral of the story is to be careful with inherited funds or assets. Depositing inherited funds into a joint account, where such funds become untraceable, can make those funds a marital asset subject to division by the court. Using marital funds for the benefit of an inherited asset might also cause an asset to be considered marital. If you are divorcing and you have inherited assets, you should consult with a qualified attorney regarding these issues. At Parker & DuFresne, P.A. we can guide you and advise you through a divorce involving complicated issues. Don’t short-change yourself, call us for a consultation today at (904) 733-7766.