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?

he has gone through family court for custody

no the child is not his

i remain in my social home

he’s back with his parents in mountains of debt from his sham wedding he coerced me into so he could do what he’s doing now

This is a long way from your original question. You might get more helpful answers if you repost with what the actual problem is.

I don’t really understand the problem now: he’s not going to get custody of a child who’s not his; you have social housing; your dad is healthy 🤷🏻‍♀️ Surely you just need to press on with divorce proceedings?

He’s applied for lives with shared which would convey PR but as yet no

Yep, I get that. My point is that he can change it any time up until the day he dies, potentially
therefore ex cannot claim on an asset that may never be yours
he can only claim on an asset that you have received, or at a push that your dad has died and will is awaitng probate - that the process to confirm executors, taxes due and making the will public. Only once the will is actually public would your ex have confirmation you are to inherit . Prior to that it is private between your dad, the executors he’s appointed and possibly some beneficiaries

we all die, yes he will die before you probably , but you or ex cannot include an asset you do not currently own. And especially not one there is a possibility you may never benefit from - eg his wealth is eaten away by nursing fees

op, you are worrying yourself and potentially your dad over nothing . Go to ADVICE NOW guides linked by MN in header of divorce talk board. Down load the guide on financial settlement at £22 (that’s equivalent to around 7 minutes of typical solicitors time and you’ll get way more than 7 mins of information). Look at what constitutes marital assets (eg savings, pensions, houses etc) and look at “fair settlement” criteria - that’s the 10 or so criteria the courts use to make decisions on financial arrangements irrespective of whether you go consent order route. Those fair settlement criteria come into play before 50:50 - 50:50 is NOT the starting point as many people seem to think

the Form E and D81 is where you list your assets and is a legal financial declaration. That doesn’t include stuff that you can’t guarentee 100% .

I’ve made a million posts to unravel this living hell

welcome to the state of my mind

previous answers mentioned child maintenance as part of divorce

he’s applied for access to my child

there is always a chance and yes this remains my main concern he would use any access to child to torture me for the rest of my life

fortunately cafcass have identified risk but he’s contested and family court are proceeding to hearings to prove what I’ve said

I was asking because we aren’t divorced and I wasn’t planning to initiate divorce

i have now but I’m reading it takes months and months and he will 100% prevent it happening if he can

can he?

Inheritance is NOT usually ring fenced in England/wales. Only in very limited circumstances.
Don’t talk rubbish
I know this as I was divorced

BUT her dad is not dead. He is not terminal. He could live for decades. He could leav3 it all to the donkey home, he could need to sell up and use to pay for care in his old age. She could get run over by a bus before he dies.

in other words, right now there is no inheritance. There is no guarantee of one. The courts cannot and will not make a divorce settlement based on wishful thinking on her or her dads part.

the whole post is a storm in a teacup she has a hell of a lot more to worry about divorcing an abusive man and should focus on that .

I was asking because I wasn’t planning on initiating divorce which could lead to a situation where we were married and I got my dads house so asking about that situation

I do have a hell of a lot more to worry about

can he stop the divorce? Can he refuse?

Op, just spend the £22 quid and get online and read up about what divorce actually involves on ADVICE NOW link I’ve sing posted you to

you are just panicking. And no 9ne here can do your thinking for you

calm down. Inform yourself. Stop drip feeding here with stuff you’re worrying yourself over nothing. You have to take control here and inform yourself. Your fea4s are driven by the “unknown” and that is your ignorance about this,

it will enable you to rebuff your ex threats . Yep, he can theoretically drag it out but with law changes in April 22 he can’t prevent divorce , he will soon realise if you talk with your brain engaged based on fact, that he can’t threaten you or scare you and realise the sooner he accepts the inevitable the better. You’re a sitting duck waiting for him to threaten you just now with all his bullshit

Thank you
I may
just waiting to be paid

so is it really going clear it all up because my budget is extremely tight

He’s not threatening
he’s doing
he’s taken me to court

oh no
he will never ever ever accept the inevitable

can he drag it out indefinitely?

See this is the thing
say he drags it out ten years and my dad dies

I know 🥲

he won’t comply

I don’t communicate with him

I’ll be in court with him in April for my daughter

i understand the process better now

next is conditional order but probably not until September which is too long but oh well

Ffs, stop being so passive (and yet dramatic at the same time).

Get a solicitor.
Get divorced.

I don’t want to spend one Penny fighting what he is doing to us

I already know the next step

im underpaying my energy bills

I need all my income.

he’s paying for solicitors or someone is

and he’ll never leave me alone

I can’t afford a solicitor I’m a single mum on benefits

i have initiated divorce

I’m in a constant state of terror because he’s applied for joint custody of my child

id love to not be terrified and be able to get on with a normal life

I’m beginning to think you need to talk to Samaritans to help you stop this panicking and catastrophic thinking
you’re going to make yourself ill
call them and talk about how you’re feeling and let them help you see things more clearly without all this panic

please Op, I never normally say stop posting.
but for your own good STOP posting.

Where is your daughters father in all of this. A court will not give access to a man who is not the father and has only been married to you for a year and has pu e charges for domestic abuse looming over him.

He also wouldn't get a penny of your dad's estate either as its a short marriage and neither of you had any financial input into it.

You seem in a completely ott panic about this and I suggest you contact women's aid as they can probably point you in the right direction for good advice.

Also, if the relationship was abusive, your local Women's Aid will be able to support you. They can help you understand his behaviour which should help you stop panicking. They can also signpost to other organisations.

I’ve done done all that and am on a list for counselling and no, contact is not out of the question hence the court date

The panic relates to him getting contact with my daughter

Samaritans cannot remove my panic

only a court can

and they aren’t
they are taking it forward with hearings

But he won't get contact with your daughter.

He can't stop the divorce or get it to drag on for 10 years either.

Me and my ex divorced and had been separated for years when I had inherited a house. He came out of the wood work and forced me to sign a financial agreement regarding the children and if I didn't he would make a claim on my new home. I spoke to a solicitor who told me that as I inherited it after the divorce he could make no claim. So I assume if you inherited while you are still legally married then he would be able to claim on it.

He needs to be able to house himself and your child while they have contact with him, should he have any.

If your only asset is a £100K house bought with inheritance, long marriage, 50/50 parenting time, a judge may decide you need £50K each for a deposit on another house each so your child has 2 stable homes.

If you have a marital home worth £200K, pensions each and savings, then you had the additional £100K inherited property, you are primary caregiver, short marriage. The judge may decide that splitting the other assets 50/50 gives you each enough to start over and house yourselves so the inherited property isn't included.

The courts won't expect your ex to stay living with his parents. They would unlikely let you walk away debt free with a paid off house while he's living with his parents in high debt. Your best course of action is divorce.

ummm
well
im socially houses

he’s not her father and he has no contact with my daughter

he’s applied for it

he racked up debts because he’s crazy

I wasn’t allowed to ask him not to

No my dad owns his house

I’m socially housed with my daughter

neither of us have any assets

I sent him back to his parents where he came from when he moved in on me five years ago