How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard, Attorney
Category: Estate Law
Satisfied Customers: 55605
Experience:  29 years of experience practicing law, including tax and estate planning.
Type Your Estate Law Question Here...
Richard is online now
A new question is answered every 9 seconds

I inherited a property with my sibling, from my grandmother

This answer was rated:

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.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 4 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! :)
Richard and 2 other Estate Law Specialists are ready to help you
Thanks so much for the positive rating and the generous bonus! I appreciate your kindness and the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: