Marriage, Divorce and Inheritance

MrsLV83

So, I need some advice, Martin would be rolling his eyes at me, as I am aware you will be too.

So I split up with my husband January 2016.
August 2016 my father died, I spent the 8 days in hospital watching him die, my husband moved back into the family home to care for our children, 7 and 11 at the time.
When my dad had died, and I came home, he didn't leave, but lead me to believe we were sorting it out.
We renewed house mortgage, discussed buying a new car this year, we even went on a holiday for a week.
The week before Christmas, I had a text messaging from a man, saying my husband was sleeping with his wife, (He'd ready been caught sleeping with someone else 3 months after I kicked him out)
So, I kicked him back out of the family home again.

New Year we tried to sort things out again, but it was all one way - Me! - I sent the woman he was sleeping with at Christmas an email who confirmed he was still sleeping with her.

So, I have called it a day, I am not trying anymore, 19 years of my life, I am now turning my back on.

Anyway, we always said we would split the equity 50/50 - he put more money into the house, I looked after the kids and worked full time around the kids so he could earn the money to put in to our family home.

Last week, I found a new home for me and our girls, viewed it twice, fell in love with it.

He saw me returning with my daughter and just said "I'll see you in court" and drove off.

I'd have 75k equity out of our family home, 55k from the same of my dads home, once it haas been split with my brother. I recieved payment from my dads pension yesterday of £135k

I could now be mortgage free and have a stress free new life with my girls.

How do you think it would work once I see solicitor next week, I can't sleep with worry and panicking over this.

He is a self employed plumber, driving a range rover, with a brand new van and a rental property and also the 75k in equity in the home.

I'm not sure if this is the right forum to post this, but I could do with some aadvice before I see the solicitor to hopefully get some sleep.
Yes I should have got a divorce when we broke up last year and we wouldnt be having this thread

Savvy_Sue

Honestly, I don't know how it will work out. But worrying about it won't help. Concentrate your energies on finding proof of his financial situation, in case he feels he can be less than honest with his own solicitor.

Mojisola

MrsLV83 wrote: »

I'd have 75k equity out of our family home, 55k from the same of my dads home, once it has been split with my brother. I recieved payment from my dads pension yesterday of £135k

Won't the inheritance be counted as part of the marital assets?

Guest101

Yes the inheritance would be a marital asset

gettingtheresometime

I hate to say this but when my mum divorced my father - and 6 months after my maternal nan had died - her inheritance was taken into account for the divorce settlement.


Bear in my mind that what is good for the goose is good for the gander - his rental property will also form part of the assets of the marriage.

Red-Squirrel_2

Mojisola wrote: »

Won't the inheritance be counted as part of the marital assets?

Call me cynical, but I wonder if the reconciliation had anything to do with the fact that an inheritance was imminent? After all, it doesn't sound like he had any intention of saving the marriage long term , as he never stopped sleeping with other women.

OP good luck with the solicitor, I hope they can help you with all this.

Mojisola

MrsLV83 wrote: »

He is a self employed plumber, driving a range rover, with a brand new van and a rental property

If you are able to gather any information about the business and bank accounts, etc, do so before it all disappears and he claims to be struggling financially.

Caz3121

MrsLV83 wrote: »

I'd have 75k equity out of our family home, 55k from the same of my dads home, once it haas been split with my brother. I recieved payment from my dads pension yesterday of £135k

I could now be mortgage free and have a stress free new life with my girls.

How do you think it would work once I see solicitor next week, I can't sleep with worry and panicking over this.

I expect the solicitor will confirm that 50:50 is the starting point. This pot would include all assets, pensions, cars, savings etc
some info here http://www.bbc-law.co.uk/legal-news/inheritance-and-divorce/
the discussion with the solicitor should be whether the inheritance can be ignored (possibly not) or whether you can negotiate a larger than 50% share of the overall pot based on the housing the children

Pollycat

He should also pay maintenance for his children.

pphillips

50/50 is the starting point but is adjustable on the basis of needs and everything is potentially included in the pot.

Try not to get too dependant on a solicitor as there is only so much they can do and don't use them as a counsellor as this will cost you a small fortune.

You don't have to use solicitors but if you do, keep an eye on the fees as in contentious cases it won't be long before they get out of control. Many people get divorced without using solicitors at all.

Most people have to go through mediation first before they can go to court over the marital finances. Your solicitor can put anything agreed in mediation into a legally binding consent order that protects you from future claims.

davidwood123

OP, are you trying to ask us if he has any claim to ''your'' money?