Inheritance

[GinisLife]

Not me, asking for a friend. Been separated from her husband for over 2 years but had to share the house as no money to rent separately. Dad passed away 12 months ago. Is he entitled to half of her inheritance ?

That's not a simple yes no question. She needs to get proper advice.

As far as I know (but may well be wrong) until the time of the actual divorce, everything owned by both parties is considered 'matrimonial assets', and could in theory be divided equally. However, I think the courts do take many factors into account so it really depends on the individual case and it also depends how difficult the husband is regarding staking his claim on it.

Yes that's what I thought. He's tried to say he's entitled to half but I'm not sure he'd go to court over it as he's all mouth and no action.

You don't even say where they live. It varies by jurisdiction.

Was it an actual legal separation?

If they've not had a Clean Break Financial Order - either part of divorce or after divorce the yes - he can go after any monies at any point before or after the divorce.

So if no clean break, say after 10 years divorced and old parter inherits then you cna still go after your "half". Outcome would be Judge dependant but they can try.

Fact they still leave together, sounds like no divorce yet? would assume no clean break, he can go after some money.

Advise her to go and have a free consultation at a solicitors. Most offer free 30/40 minute appointments and you don't have to then instruct them! I've had about 3 free appointments to information gather.

In Scotland inheritance does NOT become part of the marital pot but does for England and Wales not sure of northern Ireland though unless you have already had a clean break /degree absolute sorted as previously mentioned.