Parents gifting money to partner after separation

Hereford74

My wife and I are separating after 24 years. Have two children of 19 and 16 years of age.

Luckily house is mortgage free and paid for, and we have sold so 50/50 proceeds to each from sale when it completes.

We have both agreed to purchase independent houses, but hers is £50,000 more as her parents are 'gifting' her that.

Morally and ethically I know it is none of my business, but is there any legal claim for half of that money as we are still married ?

Debbie9009

Morally no !

Hoenir

In the absence of a financial consent order your ex could still come after your assets at any time as well.

Emmia

It sounds like you still want to punish your ex, or you're jealous that her parents can give her this money.

Really it's best just to move on, you've parted and gone your separate ways. Her finances are none of your concern.

Devongardener

I really hope your wife waits until after the divorce and financial agreement before she buys her new home so that she can safely accept her parents generosity without fear of you trying to get your hands on it!

saajan_12

Legally also no - this would be a post separation accrual. There's a few tests for those, including 
- whether its a matrimonial asset, ie arising from arose out of something that was originally joint eg a joint house or business that increased in value post separation -> NO, its a gift given to one side only so a non matrimonial asset
- whether the non-matrimonial are needed to cover the other side's basic needs as the matrimonial assets are insufficient -> NO, since you're both walking away with a paid for house, that's plenty more than you'd need for eg rent. 

So the £50k gift is a non matrimonial asset and would be ring fenced for whoever actually received it. 

Hereford74 said:

My wife and I are separating after 24 years. Have two children of 19 and 16 years of age.

Luckily house is mortgage free and paid for, and we have sold so 50/50 proceeds to each from sale when it completes.

We have both agreed to purchase independent houses, but hers is £50,000 more as her parents are 'gifting' her that.

Morally and ethically I know it is none of my business, but is there any legal claim for half of that money as we are still married ?