Inheritance & divorce

[MaryDivorce]

My parents died while I was married but because of some legal issues we didn’t apply for probate. The house will be left to me and my brother.
I’m now getting divorced and have not applied for probate yet.

We have a court date for June. I had to go to court to get a financial disclosure agreement.

He is now saying the house I will inherit after we separated should be included in the financial settlement. I think we should just split the matrimonial assets.

Anyone know what the legal position is? We both have a house and decent pensions so we are not short.

I'm sorry for your loss.

You will have to declare this as an asset on your Form E.

Did your parents die before or after you separated? That will make a difference, as far as I understand it, as to whether it's considered to be "in the pot" or not, regardless of when probate is done.

If it's not a "needs" case, I understand there is more possibility of inheritances being ignored.

They died while we were together. Does this make a difference?

It will need to be considered
If courts can reach a fair outcome excluding it they may, but if both parties needs can’t be met without including it they will

He owns his house outright and we have £600k to share!!

If it was a long marriage then everything goes in the pot, doesn't matter whose name is down as owning it. So his house owned outright by him is also a marital asset...

My understanding is similar to MillMolly
I think that the base position is a 50/50 split.

The property would have to be declared, but it is not automatically a marital asset, it was left to you and it is an interest in a deceased estate, so it not necessarily a marital asset.

If there are sufficient marital assets, then he may get a slightly higher proportion than 50% of the marital assets but not your inheritance.
Don't forget to include any inheritance tax due on the estate.