Divvying up assets in a divorce

UncleZen

Asking for a friend, no really, I am.
The friend is getting divorced. And his soon-to-be ex-wife, at some time in the past inherited her mothers house (I think she sold it). So, my question is. Is he entitled to some of that property windfall? 

74jax

How long were they married?
How long ago did she inherit the house? 
Are your friends parents both alive or is there other other similar inheritance to make it equal? 

sassyblue

Depends what has happened to the sale proceeds too. Where are they now?

Did she inherit the property during their marriage too?

burlingtonfl6

UncleZen said:

Asking for a friend, no really, I am.
The friend is getting divorced. And his soon-to-be ex-wife, at some time in the past inherited her mothers house (I think she sold it). So, my question is. Is he entitled to some of that property windfall? 

That situation really annoys me. Tell your friend to leave his ex wifes mothers house alone (unless at some point she took half of his inheritance)
Personally, I think it's such a pathetic and sad move on his part and anyone else who seems to see pound signs when it comes to the inheritance of a partner.

UncleZen

@74jax

How long were they married? >25 years

How long ago did she inherit the house?  Not exactly sure, about 20 years ago at a guess

Are your friends parents both alive or is there other other similar inheritance to make it equal?  Both deceased Im afraid

@sassyblue

Depends what has happened to the sale proceeds too. Where are they now? Not sure, probably in a bank
Did she inherit the property during their marriage too? Yes

@burlingtonfl6

Thanks for your helpful advice/opinion. The point here is that she says the house inheritance is out of scope. Im only asking the question. She is an accomplished liar, already stating that she has no pension, and wants half of his, when in fact its been proven that she has 2 pensions of her own

TBagpuss

OK, the starting point is that anything either of them has is 'up for grabs' and a court could include t.

In practice, courts may be prepared to treat inheritances differently, in certain situations. for instance:

• Where the inheritance has continued to be kept separate from the matrimonial assets, and is still distinct and easily identifiable
• Where the inheritance was after,  or very shortly before, the separation 
• Where the parties reasonable needs can be met from the other assets, without needing to draw on the inheritance

In this case, if the inheritance was 20 years ago then it is harder for the wife to claim it shouldn't be taken into account, although it's still possible, if she just put the money in a bank account and hasn't touched it since.
However, the longer a marriage is, the less likely it is that a court will take into account who put what in.

maman

burlingtonfl6 said:

UncleZen said:

Asking for a friend, no really, I am.
The friend is getting divorced. And his soon-to-be ex-wife, at some time in the past inherited her mothers house (I think she sold it). So, my question is. Is he entitled to some of that property windfall? 

That situation really annoys me. Tell your friend to leave his ex wifes mothers house alone (unless at some point she took half of his inheritance)
Personally, I think it's such a pathetic and sad move on his part and anyone else who seems to see pound signs when it comes to the inheritance of a partner.

That's a very sweeping generalisation. I was just reading a thread where the wife wants to keep her inherited property but has not worked and lived off her husband's salary for 15 years. There are good reasons why a 50:50 split of all assets from a marriage is the usual starting point. 

74jax

UncleZen said:

@74jax

How long were they married? >25 years

How long ago did she inherit the house?  Not exactly sure, about 20 years ago at a guess

Are your friends parents both alive or is there other other similar inheritance to make it equal?  Both deceased Im afraid

In which case I'm guessing during the marriage both parties benefited from all inheritance, so I would have though 50/50 split of everything.
Had it only been her side that had died I wouldn't have thought she would keep that inheritance and the other would keep theirs.
As it happened 20 years ago, and they have been married that length I can't see how it's not a matrimonial asset. But then again I'm not a lawyer.....

UncleZen

Sorry the 20 was a typo. Its 10 years  - my bad

Pollycat

74jax said:

UncleZen said:

@74jax

How long were they married? >25 years

How long ago did she inherit the house?  Not exactly sure, about 20 years ago at a guess

Are your friends parents both alive or is there other other similar inheritance to make it equal?  Both deceased Im afraid

In which case I'm guessing during the marriage both parties benefited from all inheritance, so I would have though 50/50 split of everything.
Had it only been her side that had died I wouldn't have thought she would keep that inheritance and the other would keep theirs.
As it happened 20 years ago, and they have been married that length I can't see how it's not a matrimonial asset. But then again I'm not a lawyer.....

Not everyone leaves an inheritance.

It's possible the OP's friend's parents died leaving little of monetary value.

74jax

Pollycat said:

74jax said:

UncleZen said:

@74jax

How long were they married? >25 years

How long ago did she inherit the house?  Not exactly sure, about 20 years ago at a guess

Are your friends parents both alive or is there other other similar inheritance to make it equal?  Both deceased Im afraid

In which case I'm guessing during the marriage both parties benefited from all inheritance, so I would have though 50/50 split of everything.
Had it only been her side that had died I wouldn't have thought she would keep that inheritance and the other would keep theirs.
As it happened 20 years ago, and they have been married that length I can't see how it's not a matrimonial asset. But then again I'm not a lawyer.....

Not everyone leaves an inheritance.

It's possible the OP's friend's parents died leaving little of monetary value.

True, that's why in 20 years both would benefit from all inheritance, either 1 parent, 2 parent 3 or 4 inheritances, or could just be 1 lot of inheritance, but in 20 years both would have had benefit. Had it been the last year, I think an argument could be made to keep it. But in so long I really think it would be classed as a matrimonial asset