Legal Question in Real Estate Law in Florida

A woman bought a house in her name only; she had a minor daughter. A few years later, she married a man. She died while her daughter was still a minor. Thewidowed man raised the daughter, but when she was an adult, he asked her to move out (he thought the house was now his). The property is still in the dead woman's name. Who inherits the house?

Asked on 10/24/19, 8:42 pm

1 Answer from Attorneys

Jean Winters Winters & Winters, PA

In the absence of a will ---In Florida, the home (real property) would be considered separate property if purchased by one spouse prior to marriage. In your scenario, the daughter inherits the real property upon the death of her mother. However, the husband may be entitled to a credit for half of the marital funds used to pay or refinance the mortgage, taxes or improvements. Probate may be required to dermine the equitable distrbution of the related marital property (which does not include the property itself but may include equity in the home/funds paid towards the property expenses). You should consult a Florida lawyer to review your case.

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Answered on 10/25/19, 11:57 am

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