Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Divorce/separation

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

Who "owns" property bought with inheritance?

4 replies

whoopsnomore · 15/06/2021 20:35

Ok, like may of us, I imagine I never thought I'd be posting on this board. Complex situation, in that for various reasons I have been the main breadwinner in our marriage, but DH has inherited or been gifted a very substantial amount of money in the course of our marriage - around 500 - 700 k maybe. Some of this he has invested in rental property , a great deal has been spent over the last 10 or so years on ongoing legal action against a public body.

My question is what claim do I have on these properties, if they were purchased during the marriage with inherited money (which incidentally for various reasons was initially paid into my account or joint account) even though I do not appear on the mortgages? These properties are in the UK, we were married and lived in the UK, although we no longer live there. He want to sell to fund ongoing legal cases. We have one dependent DD. He doesn't work or contribute to any general living expenses (God I sound like a mug). What can he do with / without my agreement?

OP posts:
millymollymoomoo · 15/06/2021 21:52

They form part of the marital Pot as any other asset and should be considered in the split

Kimonolady · 15/06/2021 22:55

Hi, divorce barrister here. Putting it as simply as I can, during divorce, inherited funds/assets are classed as ‘non-matrimonial’ in nature, and so normally, the sharing principle does not apply. However, that is not to say that they are ‘ring fenced’ - they can and will be invaded to the extent necessary to meet the other parties’ need.
I’m not clear from your question if you’re divorcing, or if financial remedy proceedings are in motion?

ThisIsStartingToBoreMe · 15/06/2021 23:10

If you're not in the UK you're not subject to UK divorce law so am unable to advice you, sorry.

whoopsnomore · 16/06/2021 10:22

Thanks all - quite a range of responses there! @Kimonolady I don't really now I am trying to explore my options but nothing concrete is happening as yet. I suppose I wanted to know if I can prevent him from selling, or have any claim should the worst happen and we do divorce. It just feels really galling that I have shouldered all of the day to day financial responsibility and have no "assets" of my own to show for it. No idea what I am going to do it feels a bit of a last straw.

OP posts:
New posts on this thread. Refresh page