inheritance

What is the name of your state? Florida
I want to move home to Florida before I get my divorce because Kansas will allow my husband to have a percentage of my inheritance. Does Florida consider inheritance community property?

[stealth2]

As best as I can tell, FL does not consider an inheritance to be community property. [url]http://www.divorcesource.com/FL/info/realestate.shtml[/url]

However, you will have to establish residency in FL before you can file divorce there. If you have children, it would be a very bad idea to move before settling your divorce.

And that is the problem. The moment you move your husband can file for divorce and then the laws of Kansas will prevail.

[I AM ALWAYS LIABLE]

My response:

Are you already in possession of your inheritance? If not, "get out of Dodge City" now, and temporarily move to Nevada where residency requirements are short.


As you can see, below, Florida requires 6 months of residency before a divorce can be filed and obtained. On the other hand, Nevada only requires 6 weeks (a month and a half) to file for divorce, as opposed to Florida's 6 months.



Florida statute section 61.021 Residence requirements.--To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.



Nevada Revised Statutes section 125.020 Verified complaint; residence or domicile; jurisdiction of district court.

1. Divorce from the bonds of matrimony may be obtained for the causes provided in NRS 125.010, by verified complaint to the district court of any county:

(a) In which the cause therefor accrued;

(b) In which the defendant resides or may be found;

(c) In which the plaintiff resides;

(d) In which the parties last cohabited; or

(e) If plaintiff resided 6 weeks in the state before suit was brought.

2. Unless the cause of action accrued within the county while the plaintiff and defendant were actually domiciled therein, no court has jurisdiction to grant a divorce unless either the plaintiff or defendant has been resident of the state for a period of not less than 6 weeks preceding the commencement of the action.


Tell your family where you're living, and tell them NOT to send you your inheritance UNTIL you've satisfied the residency requirements for Nevada. File for divorce in Nevada IMMEDIATELY upon the expiration of 6 weeks of residency. Once the divorce is finalized, you can move with your inheritance to anywhere you like. Just don't gamble all of your money away in Las Vegas!


IAAL