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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Original poster

Inheritance invested in property

15 replies

Flossy210 · 21/01/2015 19:52

7 years ago I inherited some money, I bought a property as a single person.Since then Ive got married, had a baby, we sold the property & used all the money & profit made to buy a bigger house. (My husband didn't put a penny in we just mortgaged the remaining amount) we both currently pay half mortgage & bills on new house. I've gone on to have another child & things are not good. If we were to sepourate, there is equity in the house, will I get my inheritance money back, How much am I entitled to?? He has a very good pension, will he be adviced by solicitor to let me have my money back so I don't have any of his pension?? Thanks

OP posts:
LIZS · 21/01/2015 20:01

Technically it is all split so no you won't necessarily get back your inheritance money unless you already have made provision otherwise. Do you have a legal adviser? It may be sensible to compromise on the property in order to ring fence the pension but you need do someone to crunch the numbers and give you specific legal advice.

Original poster
Flossy210 · 21/01/2015 20:18

Does that mean everything will be split 50/50?? Seems unfair that I put all the money in & I still pay half now! To then split it half! I have a confirmed paper trail of the inheritance money surely that would help?

OP posts:
LIZS · 21/01/2015 20:20

Not necessarily 50:50 but you do need proper advice. All the marital assets etc will be a taken into account including property and pensions.

LIZS · 21/01/2015 20:22

Are you planning to stay in the house as the dc would be entitled to a place of residence.

Original poster
Flossy210 · 21/01/2015 20:28

I couldn't afford to pay mortgage on my own so I guess we would sell. I won't have enough money to buy somewhere so will I get help with housing even if I have a few thousand pounds in the bank from house sale??

OP posts:
Blu · 21/01/2015 20:36

You should be able to get a higher % of the equity in order to house the children.

And it is worth talking to a solicitor and showing your paper trail.

Did you and your H ever discuss whether your inheritance was seen as yours or 'ours'? Do you think he would fight you for it? Or be generous in mediation?

Sugary · 21/01/2015 20:46

We're you with him when you got the inheritance?

Original poster
Flossy210 · 21/01/2015 20:53

I got asked at house sale by solicitor to sign paperwork to say the money came from me & my inheritance. I could only have a document drawn up with words to that effect but only if we both signed it & as we had just got married I didn't want to put a financial pre nup so to speak on our marriage, in hindsight I should have done & asked him to sign it regardless but I didn't want every argument to boil down to money.However I do have paper tail of the money. His pension value is higher than what he would get from half the house so I'm wondering what his solicitor would advice him to do.

OP posts:
Original poster
Flossy210 · 21/01/2015 21:00

I met him during my inheritance process. I was living with my grandparent when she died, I kept my inheritance in property & bought everyone else in will out. During the sale of property to me during which time I met now now husband.he knows exactly what that money means to me from selling that house to buying our current property. It would be cruel to take it from me.

OP posts:
babybarrister · 22/01/2015 21:46

This reply has been deleted

Message withdrawn at poster's request.

millymollymoomoo · 23/01/2015 09:19

That's the reality for many men (usually). A specialist solicitor will look at all assets, length of marriage, earnings of both parties, housing needs, welfare of children etc. You may be able to offset pension claim against house equity. Do you have a pension as that would also be in the pot. How old are the children? What are the arrangements for them? Lits of factors that you need legal advice on.

Teeb · 23/01/2015 09:41

If his pension value is worth more than a 50% share of pension then you could try to negotiate that way! you won't make any claim on the pension if he doesn't claim on the home. However, really think long and hard about your own old age and where you will be then. Can you afford to lose a percentage of his pension plan?

Teeb · 23/01/2015 09:43

Sorry, 50% share of your home

Cabrinha · 24/01/2015 22:38

It is fair though, because no-one has the wool pulled over their eyes; this is what marriage is, legally.

Just thank your lucky stars that he has a bigger pension that you will find it fair to include to offset the money you put into the house.

Lovingfreedom · 27/01/2015 08:26

I was in this position when I separated from my husband and my solicitor claimed that the inheritance was a special consideration or something...I didn't get full recognition of the inheritance but there was some allowance made. See a good solicitor and tell them the details. At the end of the day, the settlement is really based on what you/your solicitor can negotiate. But yeah PPs are right it's not protected.

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