Inheritance

Pafosp · 15 May 2018 at 11:44AM

Hello,im in need of help or advise.Following a two year separation,we have agreed to divorce.(i have found out she was having a affair),but to make it easy,we are going down the two years agreeable line.My ex has come into a small inheritance, and i was wondering if i was entitled to a share.? Before anyone thinks im being greedy,i paid off a lot of debt for her,which she wont pay back.Thanks in advance.

gettingtheresometime · 15 May 2018 at 12:45PM

I have relatives that were in the same position although there wasn't the issue of one paying off the others debt.

I lost any respect I had for the claimant - yes they were legally entitled to claim it but morally it was a totally different story

ska_lover · 15 May 2018 at 2:09PM

No I don't think you should pursue a claim - that is ugly behaviour IMO

How depressing is the thought of working all your life and leaving gifts for your children, for a long gone ex to feel entitled to it?

I think it is morally reprehensible to go after inheritance from someone else's family and benefit from a deceased persons hard graft and the fact you have been separated for two years, and she has recently come in to this may exclude you anyway

The debts you speak of paying, that was your choice at the time to get involved with that..and however you dress it up, inheritance chasing is always going to come across as grasping

Walk away and retain your dignity

TBagpuss · 15 May 2018 at 2:51PM

How it works is that you (or failing agreement, the court) have to come to a settlement which is fair to you both.

You wouldn't normally be entitled to a share of an inheritance she received after the separation, but you might be entitled to a lump sum reflecting the share of her/joint debts you paid.

Are there any other assets? It's unlikely to be cost effective to pursue if there is nothing else in the picture, but if there are other assets then it would be reasonable to take into account the debt in considering what is reasonable.

Pollycat · 15 May 2018 at 3:12PM

TBagpuss wrote: »

How it works is that you (or failing agreement, the court) have to come to a settlement which is fair to you both.

You wouldn't normally be entitled to a share of an inheritance she received after the separation, but you might be entitled to a lump sum reflecting the share of her/joint debts you paid.

Are there any other assets? It's unlikely to be cost effective to pursue if there is nothing else in the picture, but if there are other assets then it would be reasonable to take into account the debt in considering what is reasonable.

Or pensions?

ska_lover wrote: »

No I don't think you should pursue a claim - that is ugly behaviour IMO

How depressing is the thought of working all your life and leaving gifts for your children, for a long gone ex to feel entitled to it?

I think it is morally reprehensible to go after inheritance from someone else's family and benefit from a deceased persons hard graft and the fact you have been separated for two years, and she has recently come in to this may exclude you anyway

The debts you speak of paying, that was your choice at the time to get involved with that..and however you dress it up, inheritance chasing is always going to come across as grasping

Walk away and retain your dignity

I'd agree with your post if it wasn't for the debts.
Why should one ex-partner play fair if the other won't?

hazyjo · 15 May 2018 at 3:35PM

Was she originally going to pay you back, or is it that you now want paying in light of her affair/the end of your marriage?

Pursue the debt separately. If she is obliged to pay you, it doesn't really matter where the money comes from - that's just semantics. If you weren't going to go for the debt before the death, it makes you look incredibly bitter, undignified and somewhat nasty - especially as it was over two years ago. (Sorry!)

74jax · 15 May 2018 at 4:43PM

A similar situation in that I was left with debt, rather than paying off during the marriage.

Ex husband's dad died (whilst still together), but I saw that as separate. It was his Dad, not mine (although was technically my FIL).

Marvel1 · 15 May 2018 at 5:01PM

I say go for it, you paid her debts and she has an affair!!

Jojo_the_Tightfisted · 15 May 2018 at 6:33PM

You could try - but be prepared for her to change her mind about agreeing to divorce. Fancy being married to her for another three years?

Pollycat · 15 May 2018 at 6:46PM

Jojo_the_Tightfisted wrote: »

You could try - but be prepared for her to change her mind about agreeing to divorce. Fancy being married to her for another three years?

Or maybe the OP could play hardball and divorce her for adultery.
We don't know who 'the easiest' route benefits.

Pafosp wrote: »

Hello,im in need of help or advise.Following a two year separation,we have agreed to divorce.(i have found out she was having a affair),but to make it easy,we are going down the two years agreeable line.My ex has come into a small inheritance, and i was wondering if i was entitled to a share.? Before anyone thinks im being greedy,i paid off a lot of debt for her,which she wont pay back.Thanks in advance.

Jojo_the_Tightfisted · 15 May 2018 at 7:26PM

Pollycat wrote: »

Or maybe the OP could play hardball and divorce her for adultery.
We don't know who 'the easiest' route benefits.

Have to have done that within six months and the Respondent has to admit to it, IIRC.

Inheritance

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