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  • FIRST POST
    • scoots1958
    • By scoots1958 28th Nov 17, 10:34 PM
    • 3Posts
    • 0Thanks
    scoots1958
    inheritance money and soon to be ex partner
    • #1
    • 28th Nov 17, 10:34 PM
    inheritance money and soon to be ex partner 28th Nov 17 at 10:34 PM
    I have recently lost my father and have since found out my partner of 11 yrs has been cheating on me. My sister and myself are joint executors of my fathers estate and I need to know if my partner is entitled to part or half my fathers money he has left myself and the rest of my brothers and sister . If she is able to claim my money then can I give ALL of my money without having received it (by relinquishing all rights to it) to my sister? the money each of us 4 will get is probably between £15,000 and £30,000 each. I do not want my partner to get my inheritance and would rather give it away to my sister than to let her have it.
    We will seperate over this
    Many thanks in advance
Page 1
    • WillowCat
    • By WillowCat 28th Nov 17, 10:42 PM
    • 722 Posts
    • 851 Thanks
    WillowCat
    • #2
    • 28th Nov 17, 10:42 PM
    • #2
    • 28th Nov 17, 10:42 PM
    You say 'partner'. Are you married?

    If not, they have no claim over the money.

    If you are, it's more complex.
    • Keep pedalling
    • By Keep pedalling 28th Nov 17, 10:59 PM
    • 4,074 Posts
    • 4,436 Thanks
    Keep pedalling
    • #3
    • 28th Nov 17, 10:59 PM
    • #3
    • 28th Nov 17, 10:59 PM
    If you are married or in a civil partnership, then your inheritance would be included in any calculation of a financial settlement and giving it away won’t help as that would be considered a deliberate deprivation of assets.

    If you are simply living together then no she can’t have any of it, although if you have children it could increase the amount of child maintenance you might have to pay assuming she had custardy.
    Last edited by Keep pedalling; 28-11-2017 at 11:10 PM.
    • Ivrytwr3
    • By Ivrytwr3 29th Nov 17, 6:58 AM
    • 5,459 Posts
    • 9,608 Thanks
    Ivrytwr3
    • #4
    • 29th Nov 17, 6:58 AM
    • #4
    • 29th Nov 17, 6:58 AM
    If you are simply living together then no she can’t have any of it, although if you have children it could increase the amount of child maintenance you might have to pay assuming she had custardy.
    Originally posted by Keep pedalling
    Yes, this isn't a trifling matter, i am sorry to here you are going to have to dessert him. But donut fret about it as i am sure you will meet someone you can crust.

    (so sorry, i am not making light of the OPs terrible situation, but i could not resist - custardy/custody)

    No advice aside from speak to a solicitor if married.
    • haras_nosirrah
    • By haras_nosirrah 29th Nov 17, 10:07 AM
    • 1,322 Posts
    • 2,468 Thanks
    haras_nosirrah
    • #5
    • 29th Nov 17, 10:07 AM
    • #5
    • 29th Nov 17, 10:07 AM
    married - yes,
    not married - no
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
    • scoots1958
    • By scoots1958 29th Nov 17, 9:00 PM
    • 3 Posts
    • 0 Thanks
    scoots1958
    • #6
    • 29th Nov 17, 9:00 PM
    • #6
    • 29th Nov 17, 9:00 PM
    Thank you everybody who replied to this thread . I am NOT married to my partner and NO we do not have any children between us. This has given me a lot of piece of mind .Thank you all again !!!
    Pete
    • scoots1958
    • By scoots1958 29th Nov 17, 9:47 PM
    • 3 Posts
    • 0 Thanks
    scoots1958
    • #7
    • 29th Nov 17, 9:47 PM
    • #7
    • 29th Nov 17, 9:47 PM
    I cannot work out how to post in the thanks part of this thread sorry.This only leaves the mortgage (joint) and my pension to sort out now. she can have half of both of these if she go`s for them but so glad my dads money cannot be included.
    • TBagpuss
    • By TBagpuss 29th Nov 17, 9:52 PM
    • 6,084 Posts
    • 7,832 Thanks
    TBagpuss
    • #8
    • 29th Nov 17, 9:52 PM
    • #8
    • 29th Nov 17, 9:52 PM
    As you are not married, she won't have any claim against your pension.
    She (and you) only has a claim against assets which are held in your joint names or (with more difficulty) against assets in the name of one of you, where the other has contributed and there was a joint intention that the asset would be held jointly.

    This does mean that any money which is paid into any joint account is up for grabs, so make sure that you have a separate account and put your inheritance there, not in any joint account.
    • krlyr
    • By krlyr 29th Nov 17, 9:58 PM
    • 5,823 Posts
    • 11,999 Thanks
    krlyr
    • #9
    • 29th Nov 17, 9:58 PM
    • #9
    • 29th Nov 17, 9:58 PM
    I cannot work out how to post in the thanks part of this thread sorry.This only leaves the mortgage (joint) and my pension to sort out now. she can have half of both of these if she go`s for them but so glad my dads money cannot be included.
    Originally posted by scoots1958
    Pension is yours. Joint mortgage is your joint liability, you're both responsible for payments (not 50:50 but you're just both financially liable to make the payments). House ownership differs to mortgage - you can be on the deeds without being on the mortgage, or be on the mortgage without being on the deeds. You need to check your deeds to see if you're joint tenants (own half each) or tenants in common (specified amounts of ownership - often a percentage but sometimes there can be deeds of trust, e.g. X gets their £20,000 deposit back and Y gets the rest of the equity) to see what she's entitled to from the house.
    • Keep pedalling
    • By Keep pedalling 29th Nov 17, 10:09 PM
    • 4,074 Posts
    • 4,436 Thanks
    Keep pedalling
    If you have a will don’t forget to make a new one, and if you don’t have one sort one anyway.
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