How are inherited assets handled within marriage in Florida?

 

Posted on November 21, 2026

Marriage often brings together two lives and two distinct financial worlds. But what happens when one spouse receives an inheritance? Whether it's money, property, or investments, many couples wonder if those assets automatically become shared or if they remain separate. In Florida, inheritance laws are designed to protect certain assets, but how those assets are managed during the marriage can make all the difference.

Understanding how Florida treats inherited property can help couples make informed financial decisions and avoid disputes in the event of divorce.

Inheritance as separate property

Under Florida law, inherited assets are generally considered separate (nonmarital) property. This means that if one spouse inherits money, real estate, or other assets during the marriage, that inheritance belongs solely to the recipient, not to both partners.

For example, if a husband inherits a family home from his parents, that property remains his alone, as long as it is kept separate from marital assets. The same rule applies to inherited funds or investments. As long as the assets are not mixed with jointly owned property or marital income, they typically remain protected.

However, while the law is clear, how the inheritance is handled can change its status. Once the inherited property is combined—or commingled—with marital assets, it may lose its protection as separate property. That's where many disputes arise during divorce proceedings.

Understanding the risk of commingling

In Florida, the concept of commingling is crucial. It occurs when inherited assets are combined with jointly owned property or used in a manner that benefits both spouses. For instance:

• Depositing inherited money into a joint checking or savings account.
• Using inherited funds to pay for family expenses, mortgage payments, or home renovations.
• Adding a spouse's name to the title of an inherited property.

Once these actions occur, it can be difficult, or even impossible, to prove that the inheritance should remain separate. Courts may determine that the asset, or its increased value, has become marital property, subject to equitable distribution during divorce.

To prevent this, financial documentation is essential. Keeping detailed records of how inherited assets are used, stored, and titled can help maintain their separate status. It's also wise to consult with a family law attorney before making any financial moves involving inherited funds.

Protecting inherited assets during and after marriage

Whether you're newly married or years into a partnership, there are practical steps to protect inherited property in Florida.

• Keep the inheritance separate: Maintain individual accounts for inherited funds and avoid using them for marital expenses. Do not mix them with shared money or deposit them into joint accounts.
• Use legal agreements: A prenuptial or postnuptial agreement can clarify ownership of inherited assets and outline how they will be handled if the marriage ends. These agreements provide valuable peace of mind for both spouses.
• Document everything: Save bank statements, titles, and correspondence related to the inheritance. Clear records make it easier to prove the asset's separate nature if a dispute arises.
• Seek professional advice: Before selling, transferring, or reinvesting inherited property, consult a family law attorney familiar with Florida's marital property laws. The right guidance can help you avoid unintentional commingling and preserve your financial rights.

Protecting inherited assets isn't about mistrust; it's about clarity. A transparent approach helps prevent future misunderstandings and ensures both spouses understand what belongs to whom.

At Roberts Family Law, we understand that family and finances often intersect in complex ways. Our team provides compassionate, knowledgeable guidance to help you protect what matters most, both emotionally and financially.

Contact us today at 407-426-6999 to schedule a consultation and learn how we can help you navigate Florida's property laws with confidence and care.

 

David Roberts
Family Law Attorney