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Assets before marriage

(2 Posts)
itwillgetbettersoon Sat 27-Dec-14 14:48:52

My mother died and I inherited some money before I met my STBXH. I still have this money in a separate account in my maiden name. My husband and I have now separated but have not initiated divorce proceedings yet.

My STBxH has very wealthy elderly parents.

Am I right to assume that when we divorce my small inheritance will be taken into account as part of the marriage pot? I assume I have no right to a claim on my STBXH future inheritance?

My inheritance is in my maiden name. Could I just keep quiet about it and not declare it?

Thank you

STIDW Sat 27-Dec-14 17:40:27

Inheritances are relevant and need to be disclosed. APart from reflecting badly on you there are penalties and sanctions for non disclosure such as fines or imprisonment and any divorce settlement can be set aside in the future if non disclosure at the time of the settlement comes to light later. The costs involved could easily wipe out a small inheritance so non disclosure isn't worth while.

HOwever the matrimonial "pot" is shared to a checklist of factors. If the marriage was short each party may take away what they brought to the marriage. With a longer marriage an exceptional contribution may justify someone having a larger share of the assets if the needs of both parties can be met from the other assets. A family solicitor is the best person to advise where you stand and what options there are in your particular circumstances.

Potential inheritances aren't certain unless someone has a life long interest in a trust. Benefactors may spend all their money, for example on nursing care, or change their mind and leave their estate to the cat home. Therefore potential inheritances are rarely taken into account unless they are imminent.

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