Divorce and splitting assets

akkers

When you get married does your wife automatically inherit 50% of what you have? What’s the criteria? So she can just get all that wealth just by signing a marriage certificate and being a wife? Does it work other way around?

Ayr_Rage

Not in the UK!

Inheritance only happens once someone dies, I think you are a bit confused.

Flugelhorn

akkers said:

When you get married does your wife automatically inherit 50% of what you have? What’s the criteria? So she can just get all that wealth just by signing a marriage certificate and being a wife? Does it work other way around?

she needs to become a widow before inheriting anything - and then in many cases, if you don't write a will, she will get 100%

mebu60

If you are married and die without children and without a will then the spouse inherits 100%. If there are children but no will then there is a threshold for the spouse's inheritance and rules on division with any children.

The basis for a divorce settlement is usually 50/50 of marital assets but can depend on various factors including who is the primary earner and whether there are children.

akkers

Sorry wrong use of words. I am talking about claims after divorce. 

I am referring to a couple that got married 3 yrs ago. Before the marriage the guy had his main house (on mortgage), another house paid off that was he was renting out plus a fancy car. They got married and the woman came to live with him in his house. They did have child in 3rd yr. All along the husband paid the mortgage, bills, food…..everything basically even a few hundred quid pocket money for her every month.  She continued the job she had before the marriage; the salary went straight to her bank account. She did not contribute a single penny to running of the household or any of the assets the husband bought (a new expensive car).
the situation looks pretty bad now and it appears she will fly the nest and a divorce claim would follow.  My understanding is she will go for 50% of husbands assets?
my question is can she claim since she did not contribute anything, not even a single penny and racked up her bank account from her salary and the pocket money she was getting whilst her husband paid for everything?

marcia_

akkers said:

Sorry wrong use of words. I am talking about claims after divorce. 

I am referring to a couple that got married 3 yrs ago. Before the marriage the guy had his main house (on mortgage), another house paid off that was he was renting out plus a fancy car. They got married and the woman came to live with him in his house. They did have child in 3rd yr. All along the husband paid the mortgage, bills, food…..everything basically even a few hundred quid pocket money for her every month.  She continued the job she had before the marriage; the salary went straight to her bank account. She did not contribute a single penny to running of the household or any of the assets the husband bought (a new expensive car).
the situation looks pretty bad now and it appears she will fly the nest and a divorce claim would follow.  My understanding is she will go for 50% of husbands assets?
my question is can she claim since she did not contribute anything, not even a single penny and racked up her bank account from her salary and the pocket money she was getting whilst her husband paid for everything?

 Yes your assets will be split including pensions you might have. You might have been the breadwinner but she carried and is raising your child and keeping home. 

elsien

Why are you getting so involved in someone else’s business?
How they chose to run their marriage was up to them at the time. How they split the bills was up to the both of them at the time. 

If the husband chose to buy himself an expensive shiny new boys toy, it’s still a marital asset, presuming it isn’t on finance which it may well be. 

Does your interest in their personal business also lead to an understanding of who carried out the bulk of the running of the house and childcare?
The starting point is 50-50 of both parties assets, including the pensions. This may vary depending on the childcare arrangements and what is the marriage counts as a short one or not. 

And the situation would be exactly the same if the wife was the higher earner or brought more assets into the marriage. 

akkers

I posted on the husbands request. He is a bit cheesed off and worried and was looking for advance info before the obvious. 

elsien

Then he is better off paying for formal legal advice given that he appears not to be not strapped for cash at the moment. 

In this case the marriage may count as a short one where previously owned assets may be taken more into account. But this is an anonymous forum - anyone can pretend to be anything/  he needs to talk to a solicitor. 

tacpot12

akkers said:

When you get married does your wife automatically inherit 50% of what you have? What’s the criteria? So she can just get all that wealth just by signing a marriage certificate and being a wife? Does it work other way around?

These are questions to ask BEFORE you get married! I wish more young people looked into the legal and tax arrangements that arise on marriange and consider whether the alternatives are any better.

Emmia

tacpot12 said:

akkers said:

When you get married does your wife automatically inherit 50% of what you have? What’s the criteria? So she can just get all that wealth just by signing a marriage certificate and being a wife? Does it work other way around?

These are questions to ask BEFORE you get married! I wish more young people looked into the legal and tax arrangements that arise on marriange and consider whether the alternatives are any better.

I don't think this should be confined to the young, anyone marrying should think about the upsides and downsides before getting married.