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Divorce, what am I entitled too??

(10 Posts)

H and I seperated last year after he had an affair although I haven't yet started divorce proceedings.

I really need to know what I am entitled to when we divorce.

H bought a house before he met me and rented it out. I spent about £2k decorating between different tennants. Would I be entitled to anything back financially from the house?

He has also just inherited a sizeable sum if money from his parents estate and I wondered if I would be able to claim any of that money too?

I don't mean to sound grabby but H left me with no money, living in a rented house and trying to provide for dd by myself.

I'd be really grateful for any advice

Collaborate Fri 26-Apr-13 21:15:42

You're entitled to a fair settlement, bearing in mind s25 of the matrimonial causes act 1973. Beyond that, you need to take some professional advice.

RedHelenB Sat 27-Apr-13 07:52:03

Is the dd his? If so he should be providing 15% of his salary as the minimum child maintenance contribution. Did he receive the inheritance money after you split up?

MrsHiddleston Sat 27-Apr-13 07:59:32

I know nothing about divorce <disclaimer> but I would imagine you would have a legitimate claim on the property and possibly the inheritance. You need to see legal advice.

digerd Sat 27-Apr-13 09:10:55

I have read on here that after the date of separation - probably a legal one, not sure, a spouse is not entitled to anything the other spouse obtained afterwards.
I feel that morally, if DH is the father of your DC then that child should have a right to a part of the inheritance. Pity the Gps didn't leave their gc anything in the will. Many do these days.

VBisme Sat 27-Apr-13 09:54:05

Sorry OP that does sound a bit grabby. Why on earth do you feel entitled to his parents money? Surely your DCs will get their inheritance from him when he passes away.

digerd Sat 27-Apr-13 11:49:11

VBisma

Not often in the UK. The man marries again and leaves everything in his will to his new wife. She leaves everything to her children.

Blood- line DC's inheritance is not protected here.'next of kin' is always the spouse, not the children, and the testator can make whoever he/she likes as their heir(s).

I'm not trying to be grabby, what I'm trying to establish really is what is taken into account with regards to him contributing financially to the upbringing of his dd. He refuses to pay maitenance so I wondered if I could claim a lump sum when we divorced to put to one side for dd.
the money was his parents but its now his and his parents always wanted dd to be provided for, they often talked of putting money into a fund until she was older. Unfortunately they never got round to doing this as they died suddenly and within a short period of each other.
Now dh is claiming he can't afford to pay towards dd and yet he is sitting on several 100k.

Dd is biologically his.

STIDW Sat 27-Apr-13 18:17:50

Divorce settlements are about finding a just and reasonable way of sharing assets (i.e. one that complies with the law) rather than entitlement.

In the UK the courts normally have no powers to make an order for child maintenance. The CSA or CMS deals with child maintenance and you would need to apply to them for assessment and collection if the non resident parent won't pay voluntarily. It isn't possible to claim back dated payments before the time of assessment. So you would need to apply to the CSA for CM. Alternatively an enforceable child maintenance agreement negotiated between you both can be included in a consent order finalising the divorce settlement.

As far as sharing assets are concerned in England & Wales who contributed what is less important with the passing of time or when there are children. All the assets held in joint and sole names including inheritances are relevant. The assets are shared according to a checklist of factors in s25 Matrimonial Causes Act 1953. The priority is the welfare of children, in particular meeting their "need" for adequate housing. If there are enough resources to meet everyone's needs an inheritance might be allotted back to the spouse who inherited but an inheritance is still a resource available to them and would be considered as part of the overall circumstances. It would be very different in Scotland.

A good starting point is to research local property prices and both parties mortgage raising capabilities but you really need to consult a solicitor to find out where you stand and what options there are given your particular circumstances.

babybarrister Sun 28-Apr-13 20:26:19

As collaborate said you need detailed advice but you are entitled to claim on the inheritance monies as a matter of law. Look at the resolution website for specialist family lawyers

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