AIBU to think that my inheritance should be mine? (divorce)

[gingerginger2]

Divorcing my husband at the moment, after an acrimonious break up 5 years ago. I've also inherited a substantial sum from the death of my father 3 years ago. I haven't recieved the sum from my father's estate yet, as the executor is a family member and has held off tranferring it because of divorce. My solicitor today said they think it is likely that the inheritance would be included in the pool of assets considered during the divorce. How can this be? My father would have absolutely not wanted the money to go to my ex husband.

Everything in your name is considered in the pool in a divorce. However whether he gets anything or not depends on personal circumstances - if you don’t want him to have the inheritance then you might need to give him something of comparable value.

It's put into a pot with all the other assets of the marriage and divided how the judge sees fit. I agree it is unfair and not what your father would have wanted but sadly that is the law.

I had assets and met a man with no assets. We married and he later beat me and my sons from a previous relationship up. He was charged with domestic violence. However under divorce laws, my assets were counted at joint assets of the marriage, so I had to pay him a lump sum. It's harshly unfair at times.

Sorry but it will go into the pot and will be divided between you, like all other marital assets. If you'd divorced before your Dad died, things would have been different , but since he died while you were still married, the inheritance is considered to be a joint asset.

As you inherited it after the marriage breakdown it might not be included as marital assets. I'd get a lawyer and see what they can do for you.

Yeah it's a joint asset
Unfortunately it will be considered

ur solicitor is obviously right ( that’s what their paid to do - be right !)

you can definitely negotiate perhaps so you keep ur inheritance in exchange for something.

Get 2cnd opinion

It's the way it's done sadly.

I don't think it's always fair personally but thats the downside of being married. If the roles were reversed you'd benefit too.

Marriage is a financial contract. I don't get how people don't understand this. It's so basic

YANBU it's frustrating especially since you weren't together when your dad died.

If you broke up 5 years ago and you got your inheritance 2 years ago, surely the judge would take into account this period where you weren’t together?

Maybe speak to your ex about this. He might be reasonable and agree to keep it off the table.

How come the divorce wasn’t sorted years ago? Divorce should be done ASAP at least that way future assets are safe.

You could get a 2nd/3rd opinion but you are still legally married so it probably would be considered in the settlement

Is your ex likely to want it anyway? How amicable are you?

Inheritance Received after the Marriage
If inheritance is received after the breakdown of the marriage, or during a short marriage, it is more likely that the Court will exclude it from the matrimonial pot. Future inheritance is also usually excluded unless the expected inheritance is so great that it would make a substantial difference to the Financial Settlement reached. This can also be the case where there are no real assets of the marriage from which a settlement can be derived. In extreme circumstances, the Court could make the decision to adjourn proceedings until the inheritance has been received.

The Court will generally consider the value of the inheritance, when it was received and what each person realistically needs in respect of financial provision. Where an ex-spouse has re-married, there will not be any opportunity to make a claim on future inheritance as any entitlement to financial claims expires on marriage.

www.co-oplegalservices.co.uk/media-centre/articles-may-aug-2017/is-my-ex-spouse-entitled-to-my-inheritance/

This is something I found online that could indicate that it's not automatically to be regarded as part of the joint assets - given that the marriage broke down five years ago, your father died three years ago, and there has been no intermingling of the inheritance with joint assets acquired during the marriage - e.g. it hasn't been plopped into a joint account or applied towards the mortgage?

It could be worth getting a second opinion. . .

Get a second opinion. Some solicitors aren't good.

Have you been formally separated or is starting the divorce the first official thing you’ve done ?

Do you have proof of when marriage breakdown occurred and you started living separately?

I want to make a fruit cake for dil's baby shower as I'm going to be away and will have to deliver it a couple of weeks in advance, (hence it can't be a sponge cake) how far ahead can it be iced and decorated? I have only ever made and iced a fruit cake at Christmas, covering the cake with marzipan and icing it a couple of days apart and in the week running up to Christmas. I know I need to put marzipan on two days ahead of the icing to allow it to dry out. Also, Royal icing or fondant? Thanks 😉

Offshore account?

EboWen Your probably best starting your own thread. This isn’t even a food thread so it’s not really fair to OP to use this thread

This happened to a colleague of mine and she kept the inheritance. She had been formally separated, with clearly separated homes and finances for 3 years. However I'm not sure if there were further negotiations in terms of equity/pension etc, I just remember her receiving a call to confirm everything was sorted and the thing she was most happy about was that her ex hadn't got her parents' money.

All the solicitor is saying is that it should be included in the list of assets for consideration. It is more than likely the consideration will result in a decision that is not an asset that should be shared.

But the issue having been formally dealt with and agreed, can not be grounds for reopening the final settlement. Lack of disclosure would be grounds for you being dragged back to court in the future or it could make you look like your are hiding stuff dragging out current proceedings.

I had a small amount of inheritance in a separate account at the time of my divorce. It was ring fenced by my solicitor to pay for our son's education ie it was NOT included in the joint pot.

The law is not always black and white - much depends on what the court decides is fair and reasonable. This is why your solicitor said he ‘thinks it’s likely’, not that it definitely will. His opinion will be based on his previous experience and case law.

The judge will look at all the factors and come to a decision. All you (your solicitor) can do is submit an argument.

Get a second solicitor's opinion. I was going to add the info as given above... it often depends on the financial state of affairs without the inheritance. If they are 'sufficient' then the inheritance may be ring fenced - by a judge.

Only a good lawyer with all the facts at their fingertips will be able to give you more specific advice!

Lemon good point - yes, ALL assets have to be declared.