Legal Question in Family Law in Florida

My husband and I are currently separated. I own a short term rental home in TN jointly with my brother that we inherited when our mother passed away. If that home sells, would my husband be able to claim half of the proceeds if we divorce, even if his name is not on it and I have not made the proceeds joint funds?


Asked on 4/27/17, 6:21 am

3 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

probably not. Since the home was an inheritance to you and your brother, as long as your husband made no contribution to its upkeep, mortgage payments etc - meaning all that would need to be handled came from the rental income and not from co-mingled funds of you and your husband, NO. otherwise, depending on the above statement, he could claim a reimbursement of his funds if they were used but not ownership of the house.

Read more
Answered on 4/27/17, 6:28 am
Gregory Buckley Gregory T. Buckley, Attorney at Law

Based on the facts that you have given, it does not appear that the rental home would be considered a marital asset and thus subject to equitable distribution in the event of a divorce.

Read more
Answered on 4/27/17, 8:07 am
Robert McCall Law Office of Robert McCall

Probably not but have the paperwork reviewed by an attorney.

Read more
Answered on 4/28/17, 4:28 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida