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Divorce/separation

Inheritance and divorce

6 replies

Hellosummer · 02/06/2013 16:27

My friend separated from his wife last year, after a marriage of 7 years.
He moved out of the family home and agreed to pay off the remaining mortgage on the family home so his wife and child could stay there. ( 70k)
He agreed to leave her all the contents of the house. They'd re divorcing on unreasonable behaviour grounds.
In January of this year, one of his parents passed away. He stands to inhert some money but don't know how much... Possible in the region of 50-70k.
He pays maintenance of 100 per week for his child. During the marriage, she continued to work full time.
Her solicitor says as it stands, she has 60% split of assets.
Could she claim more from his inheritance ?
She will have the family home worth 250k mortgage free.
He is living in a rented property and has one other rental property which he uses for income. He has a business also.
Surely a court wouldn't ward her anymore as her needs and that of their child are met, and her standard of living remains the same.
She is pushing for more money.
What is the view here as he had sorted the money out and they had agreed before his parent passed away?
What would happen if it went to court?
Thanks

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ticktocktammy · 02/06/2013 21:01

probably not IF her "reasonable needs" are met and he does nto have a house outright but she does; but get a good lawyer

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Hellosummer · 02/06/2013 21:54

He has a good lawyer .... But so does she....

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Lonecatwithkitten · 02/06/2013 22:36

Has there been a financial consent order? If not then finances are not final.

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Succubi · 02/06/2013 22:39

If no final order then the inheritance will be treated as an asset of the marriage. Starting point split everything 50/50 and then adjust percentages up or down depending on the facts.

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Hellosummer · 03/06/2013 17:28

Thank you

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FramboiseCoulis · 15/06/2013 16:10

have just had this same conversation with my lawyer, but i'm in france. the answer NO. anything inherited or 'donated' is not split.

it's a bugger, i hope the UK law is kinder!

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