Delray Beach, FL asked in Divorce and Family Law for Florida

Q: I’m married, my mother gifted me a house. If I sell this property and buy a new one, in divorce is it will be separated?

My mother gifted me a house, title only under my name. If I decide to sell property while still married and purchase new only using only money from my gifted property and money I have in a separate bank account from my husband. In divorce situation will it still considered to be separate property even purchase during the marriage? Thank you

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1 Lawyer Answer
Rand Scott Lieber
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Answered
  • Hollywood, FL
  • Licensed in Florida

A: The starting point is yes, it is a non-marital asset. You will need to be careful regarding using marital money or marital effort to maintain the house. You say that you have money in a separate bank account but you do not indicate whether the money was earned during the marriage. Each marital dollar or marital effort on your part to maintain the house affects the non-marital nature of the property. The proper and best way to address this concern is to enter into a postnuptial agreement with your husband making clear that this property and anything that it is exchanged for will be your non-marital asset.

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