Rights to Spouses Inheritance on Divorce

CornishMunkey

Hi All,

I'm hoping that someone may be able to point me in the right direction. My wife and I separated about 4 years ago and were divorced in 2010. Prior to our separation her uncle passed away and she inherited 50% of a family house; for which she opted for other beneficiary to buy her half as she just wanted the cash. At no point through the divorce was this inheritance mentioned and was not part of the divisible assets (which she kept everything anyway) and I didn't push it at the time because I didn't believe that I should take any of it given that it was from her side from the family.

However, my question is should I have received a portion of that inheritance given that we were married at the time when she was informed of the inheritance. If it is a yes and was not included in the assets then would I still be entitled to make a claim on it?

My reason for asking is that she is now playing silly beggars with the children and citing that I have been difficult through the separation, divorce etc when I really haven't (visits, paying for luxury items for the children etc are always on her terms). I'd like to be able to use it as an example of how I haven't been difficult at all and have in fact given her everything and more (including half my pension!). That if I am still entitled to a portion that I am still acting as a reasonable adult; but before doing so I would like to know that I am correct in my thinking and hopefully get her to see sense.

Thanks in advance

CM

(Hopefully it all makes sense)

meritaten

well - you didn't bring it up during the financial discussions at the time of your divorce. I suppose you could use to show how 'reasonable' you were at the time - but, surely this should be answered by a family law solicitor? or one versed in Wills and Probate?

pigpen

You would no longer be entitled to a cut of it but you would have been at the time of divorce.. I was all reasonable about not claiming and of his redundancy pay when we did ours.. my solicitor said I was nuts.. as it is .. he hasn't paid a penny towards the children and I really wish I had now!

kingfisherblue

Did you both fill in Form E (financial details)? Was it a clean break?

NAR

Yes you should have hard a division of the inheritance. So you are saying she didn't declare it (the money) as a marital asset and therefore it wasn't included in the Financial Consent Order?

As four years have passed you need legal advice, as you accepted the situation at the time.

Rottensocks

CornishMunkey wrote: »

Hi All,

. I'd like to be able to use it as an example of how I haven't been difficult at all and have in fact given her everything and more (including half my pension!). That if I am still entitled to a portion that I am still acting as a reasonable adult; but before doing so I would like to know that I am correct in my thinking and hopefully get her to see sense.

Ok, first up you would need to seek proper legal advice.

My understanding is that yes, her inheritance would form part of the pot of marital assets that should have been declared, but might ultimately have been 'ringfenced' as not really being a marital asset, but more particularly an asset of hers... IN any event...

You don't say for sure whether you have a financial agreement with your ex. I assume after all this time and you talk of having handed over half your pension that you do indeed have a fully signed and stamped consent order? I guess you could have this all reopened, but to be honest, you knew at the time that you were 'overlooking' her inheritance, so I'm not sure how you could reasonably say you've only just discovered she had it!

Someone else will come along with much more accurate legal advice I'm sure (and they will probably also say get PROPER legal advice), but one thing I will say is this: WHY would you like to be able to use it as an example oif how reasonable you are? WHY are you even entertaining her nonsense about you being difficult over the divorce? This is all four years ago, mate! I don't see why you need to reason with her, citing examples of your historic reasonableness...its going to get you nowhere if the woman has simply decided to be awkward about the kids.

My 2p worth: Don't bother trying to justify yourself to her. Your kids have a right to see you, and if she is restricting that right then don't allow her to blur the issue by saying its because you were/are difficult or don't provide enough, or whatever.

You owe it to your kids to not get sidetracked with ancient history and to FOCUS on the issues, which is "Why won't to allow our kids to see me?"

If you want to see a legal advisor, I would personally choose to spend it getting advice on a contact order for the kids, not on getting advice about how to prove you're a nice person to your ex wife.

All the best.