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Richard, Attorney
Category: Estate Law
Satisfied Customers: 53705
Experience:  29 years of experience practicing law, including tax and estate planning.
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I inherited a property with my sibling, from my grandmother

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I inherited a property with my sibling, from my grandmother - and the deed was vested as XXXXX XXXXX and et all (XXXXX XXXXX and XXXXX XXXXX). The deed was changed over at the time of my grandmother's death in 1979. My uncle, XXXXX XXXXX was given a life estate and at the time of his death in 1994, myself and Barbara became the sole owners. I am in the process of a divorce and my spouse wants to have access to the equity in the property. The property is in NJ and divorce filed in Florida. Please help!
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good evening. Florida is an equitable division state with regard to the division of property upon divorce. But, this includes only marital property. Property that is yours as your sole and separate property is “non-marital,” property and is not subject to division in divorce. Property is separate if you owned it before marriage or acquired it during your marriage as a gift (not including gifts from the other spouse) or by inheritance. Since you inherited this property, it is your sole and separate property and thus not subject to division upon divorce. Thus, your spouse has no right to any ownership interest in this property.

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Customer: replied 3 years ago.

Thank you for your reply. So then my estranged spouse has no legal to right to this property. His attorney seems to think so and I guess it just comes down to scare tactics.

You're welcome. If it's an inheritance, it belongs to you as your sole and separate property. Your spouse has no entitlement to a division of this property upon divorce. Do not let the attorney intimidate you into believing otherwise! :)
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