Can I Keep My Inherited Property in Divorce in Florida?

When a marriage ends, emotions run high—and so do the questions about who gets what. But what happens when the property in question isn’t something you bought together? What if it’s a home or land you inherited?

In Florida, the answer isn’t as simple as “it’s mine, I keep it.”

The way inherited property is treated in divorce can surprise a lot of people, and getting it wrong could cost you dearly. Let’s break down what you need to know before you make any assumptions.

The Good News: Florida Law Generally Protects Your Inheritance

Here’s something reassuring right off the bat: Under Florida Statute §61.075, inheritance is typically considered separate property – not subject to division in divorce.

Under Section 61.075(6)(b)(2), the statute defines nonmarital assets and liabilities to include:

“Assets acquired separately by either party by noninterspousal gift, bequest, devise, or descent, and assets acquired in exchange for such assets.”

In plain language: if you inherit property (through descent, a bequest in a will, or similar), that property is considered nonmarital—meaning it starts out as separate property in Florida divorce law.

Florida follows equitable distribution principles rather than community property rules. This means:

• Marital property (assets acquired during the marriage) gets divided fairly – though not necessarily 50/50

• Separate property (including inheritances) typically stays with the original owner

But before you breathe that sigh of relief, there’s something important you should know…

How Commingling Can Change Ownership in Divorce

Even the most carefully protected inheritance can transform into marital property through a process Florida courts call “commingling.” Once you mix separate and marital assets, untangling them later can be nearly impossible.

Here are the four most common ways Floridians accidentally convert their inheritance into marital property:

1. The Joint Account Mistake

Did you deposit your inheritance into your joint checking account? If so, you may have inadvertently “gifted” it to the marriage.

As the Florida Supreme Court established in Pfrengle v. Pfrengle, 976 So. 2d 1134 (Fla. 2008), once separate funds are deposited into a joint account and mixed with marital funds, they generally lose their separate character unless you can clearly trace and identify them.

2. The Home Improvement Scenario

Inherited your childhood home but used marital funds to renovate the kitchen? According to Florida case law (Kaaa v. Kaaa, 58 So. 3d 867), your spouse may be entitled to a portion of the home’s enhanced value.

3. The Name Addition Blunder

Adding your spouse’s name to the title of inherited property is perhaps the clearest way to convert separate property to marital. Florida courts typically view this as a gift to the marriage, as established in Robertson v. Robertson, 593 So. 2d 491.

4. The Marital Benefit Usage

Using inherited money to pay off joint credit card debt, finance family vacations, or purchase shared assets can also jeopardize its separate status. Florida courts often look at whether the inheritance was used for the benefit of the marriage when determining its classification.

5 Smart Ways to Protect Your Inheritance During Marriage

If you’re currently married (or planning to be) and want to safeguard your inheritance, consider these five protective strategies:

1. Keep It Completely Separate

Maintain inherited assets in accounts bearing only your name. Never – and we mean never – deposit inherited funds into joint accounts, even temporarily.

2. Document Everything

Save all paperwork showing the source of your inheritance. Bank statements, wills, property deeds, and transfer documents can be your best friends if your spouse later claims a right to these assets.

3. Don’t Use Marital Funds for Inherited Property

Pay for taxes, insurance, maintenance, and improvements on inherited property using only funds from your separate accounts. Once you use marital money for these expenses, you’ve opened the door to potential claims.

4. Consider a Postnuptial Agreement

If you’ve already received an inheritance during marriage, a postnuptial agreement can clearly designate it as separate property. Under Florida Statute §61.079, these agreements are fully enforceable when properly executed.

5. Create a Trust

For substantial inheritances, consider establishing a trust. Florida trust law (Chapter 736, Florida Statutes) provides additional protection against claims during divorce proceedings.

Already Commingled? Here’s What You Can Do

If you’ve already mixed your inheritance with marital assets, all isn’t necessarily lost. Florida courts recognize a process called “tracing,” which allows you to identify separate property that has been commingled with marital assets.

The key is documentation. Can you clearly show:

• When and how you received the inheritance?

• The exact amount or value?

• How it was transferred or used?

The more detailed your records, the better your chances of reclaiming at least a portion of your inheritance.

Considering Inheritance in Alimony Determinations

Even if your inheritance remains separate, it may still affect other aspects of your divorce. Under Florida Statute §61.08, courts consider all financial resources when determining alimony – including separate property.

A substantial inheritance might:

• Increase your ability to pay alimony

• Decrease your need for spousal support

• Influence the type and duration of alimony awarded

FAQs

Can my spouse claim any part of my inheritance in Florida?

Not if you’ve maintained it as separate property. However, commingling can change its status.

What if I received my inheritance before we married?

Pre-marital inheritances start as separate property but can become marital through commingling during the marriage.

Does inherited money have to be split in a divorce?

Not in Florida, provided you’ve kept it separate from marital assets.

If I buy a house with my inheritance but put both our names on the deed, is it still mine?

Unfortunately, no. Adding your spouse’s name to the title typically converts the property to a marital asset.

Can a prenuptial agreement protect my future inheritances?

Absolutely. Under Florida law, a properly drafted prenup can specify that any inheritance received during the marriage remains separate property.

Protect Your Inheritance—Talk to Nest Law Today

When it comes to inheritance and divorce in Florida, remember this simple guideline: separation is protection. The more you’ve kept your inherited assets distinct from marital property, the better your chances of keeping them after divorce.

At Nest Law, our family law attorneys understand the emotional and financial significance of inherited assets. We’ve helped countless Florida residents protect their family legacies during divorce proceedings.

Whether you’re currently married and want to safeguard an inheritance, or you’re facing divorce and concerned about protecting inherited assets, we’re here to help. Contact us today for a consultation and let us help you preserve what rightfully belongs to you.

This blog post is for informational purposes only and should not be considered legal advice. For guidance regarding your specific situation, please consult with a qualified Florida family law attorney.