50% claim on inherttance because of divorce

poppet17

A relative has inherited all of his mums property as an only child (she passed away 6 months ago and made no other bequeathment). He is married but with no children of his own but he has two step children (both grown up). He now wants a divorce does he have to give up half of his inheritance in addition to half of the marital home?

Keep_pedalling

That would depend on a number of factors, for instance how long have they been married?

He should seek legal advice ASAP.

poppet17

They have been together for 30 years - He is going to because he is the one that wants the divorce.

kingfisherblue

In a marriage of such length, all assets would go 'into the pot'. The starting point would be to divide everything in half, but it might not end up 50/50 for various reasons. Marital home, pensions, savings, stocks and shares, inheritance already received - all are usually classed as assets of the marriage.

konark

Should have divorced her earlier if he wanted to keep his inheritance.

Keep_pedalling

Sounds like a 50/50 split is going to be the likely outcome, but at least having 2 houses in the pot means no one need end up living in a pokey little flat after the split.

TBagpuss

The inheritance will be taken into account but his wife will not automatically be entitled to half of it.
A lot will depend on the value of the other assets and the extent to which her reasonable needs can be met without the inheritance.

He needs to go to see a solicitor sooner rather than later.

Anthear

I think whether or not the inheritance is included depends on whether it was utilised during the marriage - as this clearly wasn't - ie they didn't use the inherited cash to life off, or as an income stream, it may be considered separate.

There are so many aspects of financial need that get taken into consideration, it's an area that he needs detailed advice from a solicitor who deals with Family Law, IMHO.