What Happens to Inherited Property in a Florida Divorce?

When couples go through a divorce, one of the biggest concerns is how property will be divided. A common question is:
“If I inherited property from my grandmother, will my spouse be entitled to it?”

 

Inherited Property Is Usually Considered Separate Property

In Florida, inherited property is typically treated as non-marital (or separate) property. This means that if you inherited a home, land, money, or other assets from your grandmother, it generally remains yours alone, even after marriage and it usually stays yours in the event of a divorce.

 

The key factor is how the inheritance has been handled since you received it. Florida law focuses not only on how the property was acquired but also on whether it has been mixed, shared, or used for marital purposes.

 

When Inheritance Can Become Marital Property

While inheritances start as separate property, they can lose that protection if they are commingled with marital assets. Here are a few examples:

• Adding your spouse’s name to the title or deed

• Depositing inheritance funds into a joint bank account

• Using inheritance money for joint expenses, such as mortgage payments or home improvements

Once this happens, it becomes more difficult to argue that the inheritance remains solely yours.

 

Protecting Your Inheritance

If you want to ensure your inheritance remains separate, there are a few steps you can take:

• Keep it in your name only

• Avoid mixing it with marital accounts

• Document the source of the inheritance carefully

• Consider a postnuptial agreement, which can clearly define ownership

The Bottom Line

In Florida, inherited property generally remains yours — but how you manage it can change that outcome. If divorce is on the horizon, it’s important to speak with a family law attorney to review your specific situation. Every case is unique, and professional guidance can help protect what’s rightfully yours.