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AIBU?

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To go after my ex for half his inheritance

220 replies

spanieleyes22 · 03/09/2024 13:43

So we split 15 years ago. 2 ds. They are with me. He did see them on weekends when they were small. He moved back in wit his mother and used take them there at weekends. Usually one nite. Not every weekend. He's been sporadic with maintenance. Had to take him to court at the beginning. Sometimes he pays it sometimes he doesn't. He doesn't see them now. They don't really have a relationship with him despite my best efforts. His mother has now died and it looks like he will inherit her house. Probably he won't get a huge amount as there are a lot of siblings. We never actually divorced. I tried a few years ago to do a diy one but he was slow signing the papers and in the end life took over and I let it go. Friends and family are saying to me I should get half his inheritance. I would feel bad though trying to get it. In the same way he could get half of anything I might inherit. My parents are well though so they will be around for a good while yet. Wwyd. Leave him be or. In one way I would do it for the dc to help them out. I don't want anything from him I hate him 🤣but he won't give the ex anything he just won't I know what he's like. So I could do it for them. They have no relationship with him anyway so I wouldn't be messing anything up for them .

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prh47bridge · 10/09/2024 18:31

TheoriginalMrsDarcy · 10/09/2024 14:05

I would seek advice from a solicitor. You are both still legally married, albeit, separated. There is no financial order (or any Court Order) so under the eyes of the law, you are still married.

He inherits from his mother. This potentially is 'marital assets'. Perhaps you may have a claim to a % of his inheritance. I'd tread carefully, because until it is actually his, he could alter the will by deed of variation and resign it to someone else. In which case, you would be back to square 1.

As I have posted previously, the fact they have been separated for 15 years means it is highly unlikely OP will get any of his inheritance. The approach the courts take is that they will only dip into an inheritance if there is no other way to meet both sides reasonable needs.

However, if things were different and OP could potentially claim a slice of his insurance, using a deed of variation to give it his inheritance to someone else wouldn't help him. That would clearly be a transfer intended to prevent or reduce financial relief, which means the courts could set it aside.

TheoriginalMrsDarcy · 10/09/2024 14:05

I would seek advice from a solicitor. You are both still legally married, albeit, separated. There is no financial order (or any Court Order) so under the eyes of the law, you are still married.

He inherits from his mother. This potentially is 'marital assets'. Perhaps you may have a claim to a % of his inheritance. I'd tread carefully, because until it is actually his, he could alter the will by deed of variation and resign it to someone else. In which case, you would be back to square 1.

Rosscameasdoody · 10/09/2024 14:04

Goodtogossip · 10/09/2024 12:56

Divorce him now & you'll get what you're entitled to from him, including part of the inheritance if that's included in his finances when he submits details of what he owns etc. Do it for your kids sake so you can open a trust fund for them for their future.

If the inheritance was received after they separated, the court can ring fence the inheritance so that it’s not regarded as a marital asset. It’s by no means certain that the OP would see any of it. If there is enough in the marital asset ‘pot’ to meet the needs of both parties then it would likely be ring fenced.

prh47bridge · 10/09/2024 13:43

Goodtogossip · 10/09/2024 12:56

Divorce him now & you'll get what you're entitled to from him, including part of the inheritance if that's included in his finances when he submits details of what he owns etc. Do it for your kids sake so you can open a trust fund for them for their future.

As they have been separated 15 years, it is highly unlikely OP would be awarded part of the inheritance.

Goodtogossip · 10/09/2024 12:56

Divorce him now & you'll get what you're entitled to from him, including part of the inheritance if that's included in his finances when he submits details of what he owns etc. Do it for your kids sake so you can open a trust fund for them for their future.

Oneinthepinkjumper · 08/09/2024 14:43

You don’t separate financially when divorced, you need to also apply for a clean break order. Kids/maintenance are separate to your joint married assets, so think also what’s half of his could also be half of yours. Assets, pensions etc.
untangle yourself legally and financially, then set up an order for maintenance so you don’t have to chase.

Laurmolonlabe · 08/09/2024 08:14

You can be married to someone you have never met- it doesn't make it a relationship.

Rcgc · 08/09/2024 07:21

You need to find the money. If you didn’t have the money to eat or pay bills you would find it. This is just important IMO you need to loose the legal connection that ties you to him the future ramifications of not doing this could cost you far more than £600!

Pog166 · 08/09/2024 07:07

The law is not on your side in relation to the inheritance - it isn't a matrimonial asset (though it could affect the terms of a divorce settlement if it meant that there was enough in the pot to meet the legally assessed needs of all parties, with dependent children taking precedence, and there wouldn't have been without it).

YYBU · 08/09/2024 06:58

By all means, go after half of his inheritance if you really believe that you're entitled to it, but don't come back here bleating when he goes after half of your future inheritance.

Coco1379 · 07/09/2024 22:45

Laurmolonlabe · 07/09/2024 19:48

I don't think morally you have any call on his inheritance-if he owes back child maintenance sue him for that, you have the paper work and bank statements, it's very straightforward.
Your friends are pushing you to sue, for his inheritance, but you would have little or no prospect of winning-you were not living together or in a relationship when he inherited-they fact you are technically still married would not count for much.
The same goes for him , if you inherit when your parents die. You could file for a no fault divorce and get it without him signing, if you wish.

OP is still married to him - that’s a relationship

Coco1379 · 07/09/2024 22:43

I’d think you would be entitled at least to back maintainence that he hasn’t paid, but you’re still his wife and if you divorced now his assets would be taken into account. Clearly he wasn’t bothered about the divorce otherwise he’d have signed the papers!

Wiselass · 07/09/2024 21:58

Going for the inheritance would make you nothing short of a complete scum bag. Go for the maintenance you're entitled to.

Skybluepinky · 07/09/2024 20:26

Get divorced, get maintenance sorted

Laurmolonlabe · 07/09/2024 19:48

I don't think morally you have any call on his inheritance-if he owes back child maintenance sue him for that, you have the paper work and bank statements, it's very straightforward.
Your friends are pushing you to sue, for his inheritance, but you would have little or no prospect of winning-you were not living together or in a relationship when he inherited-they fact you are technically still married would not count for much.
The same goes for him , if you inherit when your parents die. You could file for a no fault divorce and get it without him signing, if you wish.

thebuilder · 07/09/2024 18:21

The best advice is get proper advice from someone who is an expert, then you will know exactly what you can do. If you search, then such advice is available for free also.

However while I would think you would not be entitled to any after acquired effects/benefits after the separation, the maintenance arrears will or may be quite sizeable now, that may now can come from his newly acquired benefits possibly?

Jack80 · 06/09/2024 08:59

I would get divorced and if you need the maintenance go for it if not and he doesn't see them then and you can afford to keep them on your own then just cut all ties.

FormerlyPathologicallyHappy · 06/09/2024 08:37

Well as their still married she might have a claim.

He hasn’t got any morals I don’t see why ops kids should miss out she’s owed a sizeable amount of maintenance.

Morals 🤣 if it was op with the inheritance he’d be all over it like flies on shit.

Aubree17 · 06/09/2024 05:01

You've got absolutely no right to half his inheritance.
It's a post separation transaction.
Morally it just wouldn't be right but I'm not a lawyer so who knows on the legalities.
File a claim for your unpaid maintenance.

Zilla1 · 05/09/2024 14:45

HNRTT but, depending on jurisdiction, have you signed a recent post-marriage will directing your estate to your children and excluding your ex?

Lyraloo · 05/09/2024 11:14

Get divorced asap, he is clearly not wanting to divorce you, maybe that’s because he has his eye on the longer game and will go after your inheritance later. Don’t take the risk, are you in the U.K., if so after all this time you don’t need him to sign the papers!

Noononoo · 05/09/2024 10:11

If he lived with his mother and the house is her estate which she has left to all her children then probably the house will have to be sold and he will be homeless, certainly in a worse position than he was unless there was a provision in mothers will that he could stay in it till he died. Unlikely. So no basically it’s most likely that he is going to be poorer not richer.

thecrossIambearing · 05/09/2024 09:57

If you split 15 years ago then assume children are now above the age where he has to provide financial support ?

I don't understand why you have never divorced or never claimed child maintenance. How have you been living ?

VeneziaJ · 05/09/2024 08:55

I wouldnt go for inheritance to be honest but chase the child support up. Probably you should see a solicitor as DIY divorces usually leave someone disadvantaged and especially if you have children

Fabulousdahlink · 05/09/2024 04:33

You are still married ? Then in English law , when you divorce you would be entitled to a 50% share of the 'matrimonial assets' gathered during the length of the marriage ( any property, investments) and half his pension pot ( and he is the same , if you decide to pension share) if you were to divorce.

If you are still married and he passes away- as his spouse ( as you are.still married) and you have wills which leave everything to each other- on his passing his entire estate. And he yours.

Get some proper legal advice. Esp. if your husband is in the Republic of Ireland where law may be different.

I am divorced and remarried. Any inheritance I get is mine ( as legally my ex is not married to me and so gets nothing). My current husband gets my estate ( any inheritance included) and is named in my will along with my children.

Write a will specifying your children are to receive your estate and not your ex . Then get divorced and sort out financials with him. Move on and move forwards. I wasted 3 years and £s trying to squeeze something out of my ex so he'd provide for them in his passing. I wanted and received nothing. His parents passed and I asked for and was offered nothing. I am glad. It only muddied the waters. I wanted him to provide for his kids...maybe he will in his will, that's on him. My advice is to sort it, dont waste emotional effort on it, it is really bad for your mental health. Let go of what he 'owes' you. Your kids know who cares and provides for them. Focus on that and , once this whole thing is quickly sorted, move forwards. Ex wrangling is emotionally entangling and leads to bitterness and self doubt. Move forwards and be happy with your children.

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