How do I protect my inheritance from my husband in Florida?

Before marriage, you can use a prenuptial agreement to protect inheritances. If you are already married, you may want to consider a post-nuptial agreement to protect your inheritance. Your lawyer can also advise you on other ways to keep your inherited assets separate.

How is marital property divided in a Florida divorce?

Courts typically begin with a 50/50 split of marital property then apply guiding Florida statutes to make the division of property fairer to each spouse. However, courts may not be able to divide up all assets during a divorce. Courts cannot divide non-martial property, also known as separate property, between two spouses.

Can a pre-existing house be divided in a Florida divorce?

In a Florida divorce a pre-existing house is normally not marital property and therefore is not divided. One exception is if marital funds are used to pay down a mortgage, significantly improve the house, or are used to refinance the house. A premarital home is one that was bought prior to the marriage that is titled only in the purchaser’s name.

What are the laws on property division in Florida?

The process of property division is affected by state laws such as community property laws, definitions of marital contributions, etc. Florida is an equitable distribution state, and only property acquired during the course of the marriage is subject to division following divorce.

How is property division decided in a divorce?

Property division may be agreed upon between the soupses through a property settlement, or it may be decided in court during the judicial process of divorce. The process of property division is affected by state laws such as community property laws, definitions of marital contributions, etc.

How is property divided between spouses in Florida?

Florida law requires an equitable, or fair, division of property between the spouses. The law says that equitable usually means equal—but a judge who believes that a precisely equal division would be unfair can divide the property in a different proportion after considering all relevant factors, including the following:

How does spousal rights affect property in Florida?

Unless a couple has a valid written agreement stating otherwise, marital property in Florida includes all assets and debts either spouse acquires during the marriage. Spousal rights in Florida allow spouses to share marital assets and debts, even if the property or debt is titled only in one spouse’s name.

How are marital assets divided in Florida law?

The dialog window can be moved, resized and closed with the ‘x’ icon. Florida divides marital assets via equitable distribution, which means that the court attempts to divide marital assets in a fair and equitable manner between the spouses, taking multiple factors into account in order to determine the equitable distribution for each spouse.

How are property rights divided in a divorce?

Also known as equitable distribution, property division is the process of dividing property rights and obligations between spouses during the process of a divorce.