Legal Question in Family Law in Florida

Marital assets

Hello:

My husband has filed for divorce. We own 2 homes in St. Lucie County Florida, and he wants both of them. My sister and I have been inherited a home out of the country (French West Indies), and I am wondering if this asset will come into play in the divorce. My guess is that my sister will never agree to sell the inherited propety, and I cannot afford to live or even visit there, so the asset is not something I (or my husband) could ever actually use. He claims that since I am now partial owner of this home, I forfit the right to any of the homes here in Florida. Since I will need a place to live, I've asked him to pick one of the homes and give me the other. We have 2 children, 15 and 18 years old. Please let me know how I should approach this if you would.

Thanks so much for your time

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Asked on 4/30/07, 12:45 pm

4 Answers from Attorneys
Robert Roemer Robert Roemer

Re: Marital assets

Since your case is more difficult I would suggest that you retain an attorney to assist you. If you would me like to discuss the issues raised in the question send me an e-mail and include phone number and time which I can reach you . The good news for you is that is that inheritances are generally not marital assets subject to division upon divorce. However, there are rules and exceptions that need to be reviewed before I could say this would apply to your current situation.

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Answered on 4/30/07, 1:34 pm
Nicholas Adamucci ADAMUCCI, LLC

Re: Marital assets

If you need help, you can email me at [email protected]. I will guide you in the right direction.

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Answered on 4/30/07, 1:43 pm
Max Rosenberg Rosenberg,Whewell, & Hite, LLC

Re: Marital assets

I agree with my colleague Atty. Roemer, inheritances are generally not marital assets subject to division upon divorce, however you should retain the services of an attorney to give further analysis of this situation. If I can be of service, (I practice in Connecticut)please feel free to contact me. - Max

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Answered on 4/30/07, 3:13 pm
Barry Kaufman The Law Office of Barry W. Kaufman

Re: Marital assets

My recommendation is that you hire an attorney who is licensed to practice law in the state in which the divorce action is filed, and who practices family law. This has the potential of being complicated, with tax inmplications. My advice is that you retain an attorney.

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Answered on 4/30/07, 10:58 pm


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