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Irwin Law
Irwin Law, Attorney
Category: Family Law
Satisfied Customers: 6846
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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My mom has paid/gifted me 30k a year into joint account

Customer Question

My mom has paid/gifted me 30k a year into joint account between me and her to help reduce her estate and help manage her real estate rentals. My husband has helped slightly with phone calls. In divorce ( FL) can this be considered seperate property even though technically called management fee rather then gift and was deposited into my private bank account.
Submitted: 21 days ago.
Category: Family Law
Expert:  Asad Rahman replied 21 days ago.

It may be difficult but if it is granted as a gift then it would be considered separate property.

Customer: replied 21 days ago.
I,d prefer to work with different expert as woman expert online at time of question was one I thought i was asking who had much more reviews
Expert:  Irwin Law replied 21 days ago.

Hello, and good afternoon. I am a different expert, but perhaps not the one that you selected originally. Since Florida is not a community property state, the money that you received from your mother during the marriage is clearly marital property. It doesn't matter if you hold it in your own account or not. Marital assets includes everything the spouses acquired, both separately and together, during the marriage. For tax purposes, it is considered either earned income or a gift. That is between you, your mother and the IRS. The general rule is that Florida is an “Equitable Distribution” state, and marital property, property acquired during the marriage with marital funds or labor, will be divided equally upon divorce (unless there is a reason for an unequal division).

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Expert:  Irwin Law replied 20 days ago.

Hello again. I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. There is no additional charge to you for rating me. A bonus is not required, but is always appreciated.

Thanks again for using JUST ANSWER.