Legal help..inheritance and divorce

[yogima]

I am asking this on behalf of a friend not on mumsnet who has given permission for this thread, so if I can't answer any questions immediately it's because I need to ask her.

My friend is going through a separation. The house is in her name bought before they were married mostly paid with inheritance money from her late father.

There is only a relatively small mortgage to be paid back.

What is her legal position on how the profits from the sale of the house are divided?

They have been married for over 10 years (actually I'd have to check exactly) and they have both contributed to the mortgage and upkeep in that time

She is not in a financial position to get another mortgage but the original inheritance sum could be enough to buy a (smaller) house outright. Is inheritance not part of marital money?

Or does the profit leftover after mortgage is paid get split half way as a married couple?

TIA

All assets are part of the marriage and to be divided as(a) the couple see fit, OR (b) a court decides.

Equity from a house sale, one the remaining mortgage is paid off, would be distributed as (a) or (b)

Is your friends intended ex partner a decent chap, or will he go for a 50/50 split?

@MyOpinionIsValid

Thank you. His intentions are unclear at the moment. He would rather stay together.

I do know a family member of his has suggested he should go for 50/50.

I take it thats what a court would advocate if it came to court?

if it’s been lived in as the matrimonial home - even though she bought it before marriage with mainly her money - then it’s likely the courts will see it as matrimonial asset and split 50/50 - especially given the joint contributions to mortgage and upkeep.

@BanjoStarz thank you

Once she married and they used the place as their home , the house became part of their marital assets. In the case of a divorce the house would probably be split 50-50. She can't expect to get her original inheritance back - that' not how it works, especially since they've been living there for 10 years and both contributing to the mortgage and upkeep.

If they have children and if she earns less, the assets might not be split equally. She might need more of the proceeds of the house to afford a new home.

House is a marital asset. Partner could have bought their own place when market was lower but threw lot in with your friend so they would be just a disadvantaged.

It was a better idea to get agreement on that money at the time they married. Id think the partner could ask for 50/50 and your friend could ask for the inheritance to be separate and then they will have to negotiate from there.

Thanks everyone.

They don't have children together but my friend still has her teenage son living with her. Her husband has 2 grown up children that have left home.
I will pass on all your thoughts.

Many thanks