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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:
Sleepydoor · 03/09/2024 14:23

Spotnessmonster · 03/09/2024 14:14

Ask him to pay for divorce, with the promise you won't go for inheritance. Get it done so your not tied to him, then sort maintenance.

If he hasn't been paying maintenance, there's no way he's going to pay all the costs of the divorce after she tries use his inheritance, which she has no legitimate claim to, as a bargaining chip.

TooMuchRedMaybe · 03/09/2024 14:23

There are absolutely cases where an ex husband-wife have been able to claim money long after the separation and even long after divorce. There is one quite well known example where a couple had been divorced for 20 years when the exh won millions on the lottery and because they had never finalised their finanacial settlement in all those years the exw was entitled to share of the money. However, if it's unlikely to be a sizeable amount and you can't afford to fight him in court you are both much less likely to come out of this with anything but legal fees that are well exceeding what you would have got.

SpringKitten · 03/09/2024 14:22

Ask a solicitor to send a legal letter to your ex stating the amount of unpaid child maintenance and stating that you will sue for the amount +legal costs

  • cumulative bank interest unless it is paid within 6 months. State that you are aware he expects to receive a cash asset in the form of inheritance and expect he should use this asset to settle his debt.
NoSquirrels · 03/09/2024 14:21

needapokerface · 03/09/2024 14:11

You need to divorce and have your financials done asap, as you are jointly responsible for any debts he may accrue whilst you are still legally married.

It will be money well spent in the long term.

This is not true. You are not jointly liable for another person’s debts just because you’re married to them.

Sleepydoor · 03/09/2024 14:20

You split up 15 years ago. Good luck making a direct claim on his inheritance. And if you don't have the money for a no fault divorce, why would a lawyer take your dubious inheritance case on without asking to be paid up front, if you don't even know how much the inheritance is? Of course, continue to pursue him for maintenance arrears.

NoSquirrels · 03/09/2024 14:20

Now you know what it costs, save up. Put any small amounts of money you do get from him towards the divorce fees.

Look, if you can’t afford £600 you can’t afford a lawyer to argue you should get 50% of the inheritance. And most judges won’t allow that anyway - you’ve been separated for 15 years and a recent inheritance will almost certainly be excluded.

But you do need to get divorced. So save up and get him officially cut out of your life.

Caroparo52 · 03/09/2024 14:15

Get legal advice. Claim what is rightly yours which could include the inheritence. Get the divorce finalised ffs

Spotnessmonster · 03/09/2024 14:14

Ask him to pay for divorce, with the promise you won't go for inheritance. Get it done so your not tied to him, then sort maintenance.

DreadPirateRobots · 03/09/2024 14:12

I’m confused about why your friends think you have a claim on the inheritance after all this time?

Er, because she's his legal wife?

OP, you should get divorced and do a financial settlement anyway, to prevent future legal complications and absurdities. You may, or may not, receive some of the inheritance as part of your financial settlement, but that's largely irrelevant. Read up on what's likely and get the legal ball rolling.

needapokerface · 03/09/2024 14:11

You need to divorce and have your financials done asap, as you are jointly responsible for any debts he may accrue whilst you are still legally married.

It will be money well spent in the long term.

Fraaahnces · 03/09/2024 14:06

Fuck yeah - you’re still married. In fact, you could probably do something with probate re unpaid child support. He may end up with sweet fuck all.

angeldelite · 03/09/2024 14:05

He’s always going to fuck about on the maintenance.

Go for the inheritance.

He would have gone after yours if you had one.

Rightsraptor · 03/09/2024 14:03

His inheritance might be considered when splitting assets when you divorce.

Nobodywouldknow · 03/09/2024 13:58

spanieleyes22 · 03/09/2024 13:58

Just seen that the fee for a divorce is nearly 600 pound. I wouldn't have that kind of money

You can get a fee rebate if you’re on benefits or low income

Allthehorsesintheworld · 03/09/2024 13:58

You’d have to get legal advice but it’s possible your dc could claim and I think you’d do all the paperwork as their “litigation friend” https://www.gov.uk/litigation-friend

Litigation friends

Apply to act for someone in court - litigation friends for children and people who cannot act for themselves because they lack the mental capacity

https://www.gov.uk/litigation-friend

Nobodywouldknow · 03/09/2024 13:58

Headingtowardsdivorce · 03/09/2024 13:49

The rules have changed on divorce and it's really easy now. Just file for it online and he can't say no without a massive fight on his hands!

And no, I wouldn't go after his inheritance unless he refuses to pay maintenance.

He can’t say no at all anymore. No matter how much a fight he puts up. There’s no such thing as defending a divorce.

spanieleyes22 · 03/09/2024 13:58

Just seen that the fee for a divorce is nearly 600 pound. I wouldn't have that kind of money

OP posts:
fiorentina · 03/09/2024 13:57

Get divorced asap and protect your own side of things. In this scenario as the inheritance isn’t a shared marital asset I’d think you’d struggle to stake a claim. Potentially if his mother saw how neglectful he was of his children she may have left money directly to them not him?

Notreat · 03/09/2024 13:57

Getorganised · 03/09/2024 13:44

No I wouldn’t but absolutely go after him for maintenance.

This. As you split up so long ago I don't think you should try and get any of the inheritance.
But you should definitely get something legal in place about the child maintenance

Nobodywouldknow · 03/09/2024 13:56

You’d be unlikely to be entitled to much but given he has paid no maintenance you might get something, although the long separation and presumably short marriage would be hurdles to your claim. You are entitled to bring a claim though and you should definitely get divorced after all this time. What if one of you dies without a will for example?

Anywherebuthere · 03/09/2024 13:55

Chase up for maintenance.
Get divorced.
Leave the inheritance.
No guarantee your parents will be around for a good while just because they are well now.
Find some better people in your life, not vultures trying to take what the dead have left behind.

MissScarletInTheBallroom · 03/09/2024 13:54

Just get divorced and instruct your solicitor to get you the best financial settlement possible.

PointsSouth · 03/09/2024 13:54

Whoever in your life you're taking advice from, stop it.

takealettermsjones · 03/09/2024 13:53

Your kids' grandmother died less than 10 days ago.

I'm shocked that you're talking to friends and family about how to get your hands on the cash tbh.

You absolutely should have fought him for maintenance a long time ago but I do think you're being insensitive right now.

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