Marriage, Divorce and Inheritance

davidwood123

Pollycat wrote: »

He should also pay maintenance for his children.

Depends on the custody agreement.

If he has the children 50% of the time, he should be paying little if anything

pphillips

davidwood123 wrote: »

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

No such thing as her money or his money, just marital assets and potentially the inheritance is included in pot.

Gavin83

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

There is no 'his' and 'yours' it's all considered joint assets for the process of the divorce. Therefore as a starting point he will be entitled to half of the £55k. Similarly you'll be entitled to half of the value in his rental property. Depending on it's value you may end up better off.

Also consider it's a starting point, you could end up with more than 50% or less, depending on your circumstances. Your children will have a fair amount of influence on this.

TBagpuss

OP, the stat point is 50/50 and then the court looks at whether that is fair and reasonable, taking into account all the circumstances. Your inheritance is not 'ringfenced' from him having any claim on it, however, a court is entitled to take into account the source of that money and the fact that it was received so late in the marriage.

Make sure that you keep any inheritance money separate from other funds you have. Open a separate bank account if you have to.

Your solicitor will be able to properly advise you when they have all the details, but what you may end up with is a settlement which gives your husband more than 50% of the funds from the house you own together, and any other joint assets, but lets you keep your inheritance.

However, his depends on a whole range of factors including what each you would need to be able to rehouse, what mortgage capacities you have, and so on.

When you mention a rental property, do you mean that there is a property in your husband's sole name which he rents out, or that he is renting a property? If he owns a BTL then that property is part of the assets just as your inheritance is, and if was owned during the marriage it would be harder for him to argue that it should not be split, than for you to make the same argument about the inheritance.

if he is currently renting, then it will be reasonable for him to say he needs money to buy somewhere.

davidwood123

pphillips wrote: »

No such thing as her money or his money, just marital assets and potentially the inheritance is included in pot.

Hence the '' your '' :money:

MrsLV83

I don't even know what I am asking...more of a what would you do?

I can't think straight.

MrsLV83

Do, household items come into the divorce, IE new sofa, new wardrobe, new beds etc.
All stuff I need to buy when I want to leave to my own home.

gettingtheresometime

MrsLV83 wrote: »

I don't even know what I am asking...more of a what would you do?

I can't think straight.

tbh it depends on the person and I guess who initiated the split.


In my parents' case it was initiated (at least in my eyes) by my father - yet he still saw fit to claim on my mother's inheritance.


In the case of a relative it was their partner again initiated the split but didn't claim on the relative's inheritance.


Best advice I can give you is get a Rottweiler of a solicitor on the case and as mentioned above, copies of his financial standing just in case.

Guest101

MrsLV83 wrote: »

Do, household items come into the divorce, IE new sofa, new wardrobe, new beds etc.
All stuff I need to buy when I want to leave to my own home.

Yes but the court would expect one person to keep the property and the other be compensated, not to be splitting the spoons

groovy_chick

When I was starting my divorce, I had an initial consultation with a Solicitor that I didn't end up using. She was very forthright in asking after my In-Laws health and whether there might be an inheritance in the near future, as she was very proud to have won 50:50 shares of inheritances for previous clients.

I am sorry to say that your Fathers money will be classed as a marital asset and my advice would be to get yourself a very good Solicitor to fight your corner.

It's heartbreaking and feels so unfair - I wish you the best of luck.