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Can he get my inheritance?

(14 Posts)
ErnieBelle Mon 11-May-20 10:36:48

My husband and I may be splitting up. He’s interested in my inheritance from a parent who is still alive. My parent is in treatment for an illness.

At what point can my husband still take half of the inheritance? Obviously he can if my parent died today but what about:
1. Separation
2. Legal separation
3. Divorce once initiated (is that the nici?)
4. Completed divorce (is that the absolute?)

Thanks

OP’s posts: |
givemecrisps Mon 11-May-20 10:38:54

Sorry to read about your situation. Is your relative able to specific the money not to go to your partner?

BruceAndNosh Mon 11-May-20 10:39:47

Is your parent in a position to change their will?
Maybe leave part of estate to any children you may have?

donkeyoatey Mon 11-May-20 10:41:14

Hi OP,
You've no need to worry. Unless your inheritance was used during the marriage it won't be counted.
The person may change their mind about who they want to leave their money to, or it may be all used up in care home fees.
Rather horrid of him to bring it up as person still alive!
Take care thanks

DDIJ Mon 11-May-20 10:41:17

Do you live in England/Wales?

Windyatthebeach Mon 11-May-20 10:43:02

At the point of legal separation apply for financial severance. Cost me £70.... Ask your solicitor if this will cover your inheritance..

ErnieBelle Mon 11-May-20 10:51:57

Sorry to read about your situation. Is your relative able to specific the money not to go to your partner?
We’re married so I thought that legally it’s half DH’s? Regardless of what my relative wants.

OP’s posts: |
ErnieBelle Mon 11-May-20 10:52:31

Do you live in England/Wales? yes

OP’s posts: |
ErnieBelle Mon 11-May-20 10:53:45

Maybe leave part of estate to any children you may have? This is possible but I would rather be able to use the money myself to pay towards my mortgage etc.

OP’s posts: |
ErnieBelle Mon 11-May-20 10:55:06

My question is what if my relative dies before the divorce is finalised?

OP’s posts: |
Footywife Mon 11-May-20 10:58:31

You need proper legal advice. Yes.....inheritance can be taken into account during financial settlement. Please do not rely on answers on this forum.

Serendipity79 Mon 11-May-20 11:05:03

Yes inheritance can be taken into account upon financial proceedings in divorce. However "future inheritance" isn't - because your relative could decide to leave it all to charity.

If you do separate please take proper legal advice about finances. Every marital asset including property, pensions and savings goes into the pot and the split isn't necessarily 50/50 - it depends on factors like each persons earning capacity, age, any children etc. I am mid way through this process myself and be warned, if you aren't in agreement it can take months, even years to resolve finances.

DDIJ Mon 11-May-20 11:11:19

You need legal advice as soon as possible. Do not delay.

When you say you may be splitting up, are you currently undecided? The fact that he is sniffing around a potential inheritance from a relative who has not yet died does not reflect well on him at all flowers

Don't forget that you can stop the separation and divorce process once you have started it but it is in your interest to start it right away.

justanotherneighinparadise Mon 11-May-20 11:13:03

Well isn’t he a peach.

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