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can my ex put a claim on my inheritance

(12 Posts)
cuddly61 Wed 01-Feb-17 01:36:11

i'm deperatley worried i was in a mental and financial relationship i have a mental illness and was unstable at the time she heavily persuaded me to enter into a civil partnership. 3 years after that things got worse and the vunerable adults team stepped in .but even then i dare not tell them i had been heavily persuaded while unstable to enter into this civil partnership i was so scared. the relationship ended and i filed for divorce,i was still in a fairly bad mental state and did not fully understand when i saw my solictor i have problems understanding legal jargon. as i had no assessts and no money and my partner was the same finacial settlement was not mentioned or made. i got divorced in 2011. then last year i inherited a large sum of money a half share in a house with my brother.with some of the money i brought my council house. but people are telling me this ex can make a claim. after i had to give up work due to my mental illness this ex would not let me have any money insisting the one benefit i got went into her bank account. and now the thought that just can claim half of everything i have now is the only way i can put it is destroying me. even more so now as i think she has found out i inherited . please can someone offer me some advice i did see a solictor when i first knew i was inheriting but i was to ashamed to tell him about my mental illness and she heavily persuaded me into a civil partnership ,ive never told anyone that not even my partner im with now as im too ashamed to admit i was not capable at the time of making big decisions like that.

AcrossthePond55 Wed 01-Feb-17 01:50:48

No one other than a solicitor can give you the right answer to your question. You need to see a solicitor right away. Be honest about your MH problems, there is nothing to be ashamed of.

witwootoodleoo Wed 01-Feb-17 01:55:41

You need to speak to a solicitor. If you struggle to explain everything in person then perhaps you could email them in advance of the meeting to explain everything. They won't judge you and there is no need to be ashamed. Anyway, they will have heard far worse. Their professional obligation is to act in your best interests so they need to understand the full picture. They also have a duty of confidentiality so nothing you tell them will go any further.

cuddly61 Wed 01-Feb-17 02:26:51

sorry first line was suppose to say in a mental and financial abusive relationship

Orangebird69 Thu 02-Feb-17 01:17:43

Assuming no consent order was made at the time of divorce, technically, yes, they could make a claim. However, a court would deal with assets acquired after a divorce quite differently from those accrued during marriage. Your ex would have to demonstrate exceptional circumstances as to why they should receive a share, the most obvious being that they would otherwise suffer undue hardship. Try not to panic. Maybe see if you can get a free consultation with a solicitor and go from there.

sycamore54321 Sun 05-Feb-17 00:10:45

You sound very stressed and upset about a series of 'what ifs'. There is every chance your ex won't do anything and you are working yourself up for nothing. As things stand, you don't need to offer any part of your inheritance to your ex. She will have to take legal proceedings if she wants some. So do nothing - there is every chance her solicitor will tell her she is not entitled or that it is not worth pursuing. So I'd simply put it out of your mind and don't waste energy on it unless she moves first.

seventhgonickname Tue 07-Feb-17 23:51:18

It is very unlikely that she could claim.I am separated and divorce is proceeding.My ex's mother died in October and even though we are going through the finances now I have no claim on that money as he inherited after the agreed separation date.You are divorced so very unlikely there could be a claim.Enjoy your house,you don't have to tell this person you bought it.All the best.

curvyfrog Wed 08-Feb-17 00:11:19

No. As your divorce was 2011, once 12 months has passed from getting the Absolute from the court, providing the terms were a clean break between you, neither party has any entitlement or claim to the others assets.

This is for marriage ending in divorce. I'm assuming it's the same for civil partnerships.

They cannot take you back to court to ask for more.

Check the legal terms of your divorce in your financial settlement statement. This is the one that goes off to the court to be approved so you can apply for the Absolute. It will say all you need to know on this.

curvyfrog Wed 08-Feb-17 00:15:26

Just re read and realised you don't have a financial settlement agreement.

On any of your paperwork was a clean break mentioned?

Ameliasmum247 Fri 17-Mar-17 22:39:06

So if I divorce my husband as I intend to do, do I have rights to claim part of an inhertitance he obtained during the marriage?

Blobby10 Mon 20-Mar-17 18:51:15

It was my understanding that unless a financial order was put in place and clean break divorce obtained then either party could have a claim on any inheritance or lottery win or windfall of the other. My brother spent several thousand getting a solicitor to draw up a clean break order and therefore his (cheating) ex wife couldnt claim half the profit he made when he sold the marital home!

babybarrister Tue 21-Mar-17 09:02:59

Unless there is already a clean break order on the finances - not the dissolution of the civil partnership or a divorce - then everything CAN be claimed against. However, whether in fact there would be a successful claim is another matter and would very much depend on BOTH sides circumstances etc Courts not keen on dividing up inheritances but will do it - even if received post separation - in some cases

No-one on the internet could possibly advise you or anyone else one way or the other as it all depends on the details.

Please go and get some proper legal advice - Resolution has a list of family lawyers

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