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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 .

OP posts:
Mmhmmn · 05/09/2024 01:54

Go for divorce and maintenance. Don’t get embroiled in extraneous stuff.

5475878237NC · 05/09/2024 01:47

https://www.nelsonslaw.co.uk/applications-under-the-inheritance-act/

I never knew that you could apply to inherit money from someone's estate because you are in need, even though they deliberately excluded you.

There is case law relating to inheritance after separation being taken into account where there has been no financial order post separation.

Inheritance Act Applications & The Principle Of Maintenance

Nelsons report on applications under the Inheritance Act and the principle of maintenance. Contact us for advice.

https://www.nelsonslaw.co.uk/applications-under-the-inheritance-act

PolePrince55 · 05/09/2024 01:02

spanieleyes22 · 03/09/2024 13:47

I reminded him about the maintenance about 10 days ago and he tore strips off me saying how could I be so insensitive at such a time - his mother was in hos. I said I'm sorry about your mother but I still have kids to feed and bills to pay.

I'd do it and put it accounts for kids

gano · 05/09/2024 00:19

Go for cms by all means, but don't go for his inheritance. That would be a shitty move.

Inertia · 05/09/2024 00:12

You can’t afford not to get legal advice and finalise the divorce. As sure as eggs are eggs, he’ll be coming after any inheritance you may get in the future if you’re not already divorced.

You need to formalise the CMS claim and divorce him. Apart from anything else, he’s presumably your next of kin still - that means he’s making all decisions about your care and inheriting your property of anything happens to you - the evidence proves he wouldn’t look after the children.

Cailleach1 · 04/09/2024 23:53

Cherry8809 · 04/09/2024 20:38

Grabby asf.
You’ve been done for FIFTEEN YEARS.

Imagine how disgusted you’d be if your parent died and he was trying to “go after” your inheritance.

I think you’ll find that the dear daddy has been as feckless as f. He has avoided his responsibilities towards his children. Op would only be doing right by her children if she salvaged the back maintenance they were due. And going forward.
I’m sure the dear chappie will be delighted to finally have the means do right by his offspring.

Cailleach1 · 04/09/2024 23:47

spanieleyes22 · 03/09/2024 13:49

Yeh . Think friends and family have seen how neglectful and bad he's been over the years: he lives in Ireland a doesn't have a proper job so I could never go down the CMS route. I did bring him to court in Ireland where he lied and played the "poor me" to the judge and I was awarded a small amount .

He’ll have money now though, from the inheritance. He sounds like a feckless father.

Mamanyt · 04/09/2024 23:37

Go after the maintenance, and tell your solicitor about the inheritance, so that will be taken into consideration...he has the means to pay. And GET THAT DIVORCE! Don't ever count on "my parents are well." Life has a way of throwing things at you.

If all else fails, when you have your maintenance hearing, have your solicitor walk the divorce papers over to him, and say, "Sign these now."

SlenderRations · 04/09/2024 23:35

Realy curious to know, OP, whether you have a will in place

GrannyRose15 · 04/09/2024 23:20

How old are your children?. Surely they must be nearing adulthood by now.

GrannyRose15 · 04/09/2024 23:16

LadyGabriella · 04/09/2024 18:31

And also, they are still married.

It isn’t a marital asset even if two people are still married.

GrannyRose15 · 04/09/2024 23:10

son who inherited it.

GrannyRose15 · 04/09/2024 23:09

If you live n England it won’t do you any good going after him for his inheritance as inheritance is not shared assets it belongs solely to the pers

T1Dmama · 04/09/2024 22:55

spanieleyes22 · 03/09/2024 13:47

I reminded him about the maintenance about 10 days ago and he tore strips off me saying how could I be so insensitive at such a time - his mother was in hos. I said I'm sorry about your mother but I still have kids to feed and bills to pay.

Phone child maintenance and ask them to arrange collection each month. If he doesn’t pay you report it each month, if he still doesn’t then they’ll deduct it straight from his wage!
file for divorce now…. He’ll be keen to sign it now he has inheritance. You could go for it but if the courts say no you might just end up with a bill …

Littlemisscatlover · 04/09/2024 21:13

Not quite the same I know but I lost my mom whilst I was divorcing my ex. The solicitor tried to ring fence it as she said we were separated at the time mom died. He ended up without any of my inheritance, so it’s not guaranteed you’ll get it? If we ended up going to court however my solicitor advised me that there was a chance the judge would award him a certain percentage. What I can guarantee tho is that you will end up with is a hefty solicitors bill trying to pursue it.
You can get divorced regardless but the financial aspect is a separate issue to that anyway. You will need a clean break - which means finances are sorted and you can no longer claim against each others finances. This is a must nowadays, because if ever he got into a bad finance situation such as bankcruptcy they may come after you if you’re still both married? I would look into it; some solicitors give you a free advice session or you could try citizens advice.

tierdytierd · 04/09/2024 20:46

Please see a solicitor and get a financial separation, I forget the legal term for this; he could come for anything you have now or in the future. It’s a complete clean break so that neither of you can seek money/property/pensions etc clears things. If anything were to happen to you now he would have decisions over everything, your kids/cash/wishes the lot…even down to your funeral. They could say his needs are greater than yours , say if your kids have left home & he doesn’t have anywhere to live.
join a legal uk page, loads of helpful folk on there who can help

Cherry8809 · 04/09/2024 20:38

Grabby asf.
You’ve been done for FIFTEEN YEARS.

Imagine how disgusted you’d be if your parent died and he was trying to “go after” your inheritance.

ForBetterForWorseOrNot · 04/09/2024 20:16

Maintenance is seperate and should be chased through appropriate channels. Personally after 15 years apart I would not chase for his inheritance but I would chase up the divorce as I'm sure he will receive similar advice from others when your parents pass. So factor in if you would like him to get half of that. If not push for the divorce and tell him if he doesn't speedily send what you need you will think about claiming what's yours.

GivingitToGod · 04/09/2024 20:08

Not inheritance, just maintenance as several people have said

cornflakecrunchie · 04/09/2024 20:03

I think Lady Gabriella is right.
My late ex tried to claim from my late parent's estate!

BirthdayRainbow · 04/09/2024 19:57

Such nonsense being spouted. If someone doesn't get half the inheritance when they are married at the time of death and when it is paid out then the OP won't get it when split for 15 years before the death!

Happyitssummer · 04/09/2024 19:45

You've been separated for 15 years. You'd be hard pushed for a court to consider his inheritance a marital asset as it wasn't part of the 'money pot' when you split up, despite there being no financial order / divorce in place.

Calamitousness · 04/09/2024 19:26

So he’s paid nothing for the upbringing of his children. Hell yeah. Go for half of the inheritance and put it in trust for your children or support them through uni with it.

LadyGabriella · 04/09/2024 19:25

LadyGabriella · 04/09/2024 19:24

Sorry but my DH is a barrister and lawyer
and says them being separated is completely irrelevant. They are still legally married.

He hasn’t separated from his children. They are still his children. He hasn’t been paying to support them. To say OP isn’t entitled to his money is ridiculous - she 100% is.

However disclaimer OP **I am not giving you legal advice, my DH isn’t a divorce lawyer. He specialises in something else. But yes see a solicitor, you have a case.

LadyGabriella · 04/09/2024 19:24

Rosscameasdoody · 04/09/2024 18:56

If the inheritance was received before or during the marriage it would be considered a marital asset and OP would have a claim. Because it’s been received after they separated, as a starting point it’s ring fenced and not treated as a marital asset. So OP would have no claim unless she could demonstrate to the court that her needs were greater than her ex’s and that there weren’t enough marital assets available in the settlement to meet both their needs. I don’t know how she would do this after being separated for so long, and l think a better bet is to start divorce proceedings with a clean financial break so that neither party has any future claim on the other, then sort out maintenance.

Sorry but my DH is a barrister and lawyer
and says them being separated is completely irrelevant. They are still legally married.

He hasn’t separated from his children. They are still his children. He hasn’t been paying to support them. To say OP isn’t entitled to his money is ridiculous - she 100% is.

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