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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.

Original poster

Divorce and deprivation of assets

11 replies

Receptive1 · 21/02/2026 23:33

Sorry not sure if this is the right thread.
I am divorcing DH due to unreasonable behaviour, uncontested.
We have 2 kids, under 10, both registered disabled.
Our house is worth £540k and we own it outright, but my pre-nup (Scotland) has me owning 92% and him 8%.
He earns in 50’s (not sure exact amount)
I take home £2000 per month.
I have £25k credit card debt following home improvements for disabled access I had done that he didn’t want so I took that on and am happy to not make that joint to save conflict.
i have savings of 85k from inheritance I’d like to use to buy him out. I’m aware he may be found to be entitled to more than 8% if a court decides, that’s not the end of the world.

My question is, if I use up eg 50k buying him out and £25k to clear the loans, I would be under the threshold to claim for UC which I will need as he Will only pay child maintenance minimum.
Would this be considered deprivation of assets? or would this be allowed?

OP posts:
Doctor101 · 21/02/2026 23:45

When you marry property becomes joint. Is your husband not legally entitled to half of the 85k inheritance ?

Original poster
Receptive1 · 21/02/2026 23:47

Doctor101 · 21/02/2026 23:45

When you marry property becomes joint. Is your husband not legally entitled to half of the 85k inheritance ?

Sorry I didn’t explain it well. Prenup states I own 98% of
it and he owns 8% and should be upheld in Scotland. However I would be willing to increase this % if necessary.
My inheritance is also protected under our prenup.

OP posts:
ToKittyornottoKitty · 22/02/2026 00:01

I think they only decide after you’ve done it. Why would you keep 25k on a credit card when you don’t need to anyway?

Original poster
Receptive1 · 22/02/2026 00:06

ToKittyornottoKitty · 22/02/2026 00:01

I think they only decide after you’ve done it. Why would you keep 25k on a credit card when you don’t need to anyway?

It was to protect the inheritance l have in savings. I pay it off on an interest free card.

OP posts:
iwouldshagtomhardy · 22/02/2026 00:07

Doctor101 · 21/02/2026 23:45

When you marry property becomes joint. Is your husband not legally entitled to half of the 85k inheritance ?

No it doesn't always.

ToKittyornottoKitty · 22/02/2026 00:18

Receptive1 · 22/02/2026 00:06

It was to protect the inheritance l have in savings. I pay it off on an interest free card.

Show quote history

What does your pre nup say about savings?

Original poster
Receptive1 · 22/02/2026 00:39

ToKittyornottoKitty · 22/02/2026 00:18

What does your pre nup say about savings?

Show quote history

Inheritance is protected on both sides, any joint savings split

OP posts:
NameChangeElaine · 22/02/2026 00:45

No it’s not deprivation of assets as you’re using it to pay what you legally owe to your ex and the credit card company i.e. pay debt.

Original poster
Receptive1 · 22/02/2026 00:55

NameChangeElaine · 22/02/2026 00:45

No it’s not deprivation of assets as you’re using it to pay what you legally owe to your ex and the credit card company i.e. pay debt.

Thank you so much

OP posts:
Pryceosh1987 · 22/02/2026 01:18

I think its totally possible by law to buy him out of assets.

Original poster
Receptive1 · 22/02/2026 01:20

Thank you so much. It would be the quickest way and we are both comfortable with it, I just got cold feet at worry of if it could be considered deprivation of assets

OP posts:
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