If a relative dies while you are separated from your spouse....

[yousilvertongueddevilyou]

...does your spouse have a claim on the inheritance left by that relative?

No, but if you receive an inheritance that will become part of the matrimonial assets

I wouldn't think so. It was left to you, not to your partner. Maybe they could make a claim on it as one of your assets if you divorce, but I don't know how likely they'd be to get any. Someone who knows more will be along soon though, I imagine!

I depends which country you live , they all have different laws.

I would have thought they would do? If the finance orders/form E haven't been done yet then surely all assets go in one pot to be split however?

Definitely consult a solicitor to make sure this does not happen. My (estranged) father started poking about when my poorly grandfather died, even had the audacity to write to my gran to ask whether my mum had inherited anything, probably with the intention of trying to get his hands on something, despite the divorce being finalised 5 years before. Mum's solicitor soon saw him off but it was unpleasant for both her and gran.

If you're still married its a joint asset I think?

Depends on the country and situation. Some countries no claim. In others, if both parties needs can be met without including it then it won't be included, if including it will allow needs to be met then it will. Others it goes into the pot.

www.kabirfamilylaw.co.uk/inheritance-and-divorce/

this may help. If you are already separated and it hasn’t been added to the ‘matrimonial pot’ eg joint bank account etc, then it’s unlikely. Worth seeking legal advice on though

(Assuming U.K.)

Executor could also delay payment until after divorce if wanted.

I'm married and we are separated. My dad will die and leave me his home. It will be lifechanging for me. My husband would go for it with all his mite as he is my child.

I have no money of my own. My current legal aid only covers my child arrangement issues, but I'm thinking ahead to my future. I want out but he won't make it easy.

Even the £500 for divorce is out of my reach right now, but I may get legal aid for my divorce also.

It absolutely could form part of the marital pot, if there are not enough assets available to provide both parties need without drawing into them

Can you move back in with family? Will family pay for the divorce?

That is not correct
It is more complex that that

That is not correct

It depends on various factors include whether the separation has been legally registered, whether a it's a long marriage, did the unrelated spouse have a relationship with the deceased and the total amount of money, I got 50% of exh's inheritance but it wasn't a huge amount of money and I had continued to do my rota on the care schedule after we split, if he hadn't have given me his share his mum would have killed him!

Unless you have a financial clean break order you are entitled to make a future financial claim.

garner-hancock.co.uk/blog/the-importance-of-a-clean-break-order-in-divorce/

There will always be a chance he could have some entitlement unless you are divorced with a clean break financial order before his death. If your dad is in ill health could you borrow the cost of the petition from him? I'm sure he'd rather gift you the money to divorce him over him getting any of his house.

I'm sorry your Dad is dying. Hope he goes peacefully.

When you say separated, is that legal separation? Have you begun divorce proceeding?

ifvthe answer is no to either of those, then in reality , in the england and wales, then the answer is yes he will have a claim to it as a jointly owned asset that came into your ownership whilst you were still legally married.

you may have some case if you were married for a very short time, no kids, or that you have lived apart for a long time.

it will also depend on the overall financial situation based on “fair settlement “ criteria the court must use when sealing any fincnail agreement including consent orders. These are 10 or so criteria that must be met before any 50:50 or discussion of agreements to not share inheritance

of course timings on probate may give you some degree of wiggle room, but I think if person has already passed away, probate is ongoing it’ll be considered a shame dunk you’ll get it and therefore will need to be considered in division and financial agreement, even if it’s not yet part of D81 assets you’ve already got.

it’ll come down in part to attitude of spouse - if they want half I think there’s little you can do if fair settlement terms have been met first,

Oh, just seen the update. Your dad is still alive. Jeez, you do know that could all go in health care costs for your dad right?

if you are not going to get back together you need to divorce and to get a sealed financial order asap. Take out a loan, maybe ask your dad nicely if he has cash to loan to you to help prevent ex form getting the money, but a simple divorce and financial order (consent order) should cost you no more than £1000 if you don’t start arguing . Use ADVICENOW guides linked at top of this board by MN. You can get help with costs if on certain benefits.

Get legal advice on how to keep any inheritance and to spend it without it becoming an marital asset - this is possible by it not benefitting "the family".

I should add your ex can’t make a claim on finial settlement until the estate is in probate and will known. So, he can whistle all he wants just now- courts, like me, will consider there is absolutely no guarantee your dad will leave you any money
Dad might wake up tomorrow and decide to leave it all to the donkey home and nowt to you- that’s entirely legal .

I think you need to explain how you think this can be done legally in England and wales? It certainly isn’t normally accepted by courts.

Did she say he is actually dying imminently? We all die eventually…I haven’t ready anything other than when he dies…