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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.

Can he get my inheritance?

13 replies

ErnieBelle · 11/05/2020 10:36

My husband and I may be splitting up. He’s interested in my inheritance from a parent who is still alive. My parent is in treatment for an illness.

At what point can my husband still take half of the inheritance? Obviously he can if my parent died today but what about:

  1. Separation
  2. Legal separation
  3. Divorce once initiated (is that the nici?)
  4. Completed divorce (is that the absolute?)

Thanks

OP posts:
givemecrisps · 11/05/2020 10:38

Sorry to read about your situation. Is your relative able to specific the money not to go to your partner?

BruceAndNosh · 11/05/2020 10:39

Is your parent in a position to change their will?
Maybe leave part of estate to any children you may have?

donkeyoatey · 11/05/2020 10:41

Hi OP,
You've no need to worry. Unless your inheritance was used during the marriage it won't be counted.
The person may change their mind about who they want to leave their money to, or it may be all used up in care home fees.
Rather horrid of him to bring it up as person still alive!
Take care Thanks

DDIJ · 11/05/2020 10:41

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Windyatthebeach · 11/05/2020 10:43

At the point of legal separation apply for financial severance. Cost me £70.... Ask your solicitor if this will cover your inheritance..

ErnieBelle · 11/05/2020 10:51

Sorry to read about your situation. Is your relative able to specific the money not to go to your partner?
We’re married so I thought that legally it’s half DH’s? Regardless of what my relative wants.

OP posts:
ErnieBelle · 11/05/2020 10:52

Do you live in England/Wales? yes

OP posts:
ErnieBelle · 11/05/2020 10:53

Maybe leave part of estate to any children you may have? This is possible but I would rather be able to use the money myself to pay towards my mortgage etc.

OP posts:
ErnieBelle · 11/05/2020 10:55

My question is what if my relative dies before the divorce is finalised?

OP posts:
Footywife · 11/05/2020 10:58

You need proper legal advice. Yes.....inheritance can be taken into account during financial settlement. Please do not rely on answers on this forum.

Serendipity79 · 11/05/2020 11:05

Yes inheritance can be taken into account upon financial proceedings in divorce. However "future inheritance" isn't - because your relative could decide to leave it all to charity.

If you do separate please take proper legal advice about finances. Every marital asset including property, pensions and savings goes into the pot and the split isn't necessarily 50/50 - it depends on factors like each persons earning capacity, age, any children etc. I am mid way through this process myself and be warned, if you aren't in agreement it can take months, even years to resolve finances.

DDIJ · 11/05/2020 11:11

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justanotherneighinparadise · 11/05/2020 11:13

Well isn’t he a peach.

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