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Legal matters

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Inheritance and Seperation question

59 replies

KTCakes · 20/06/2018 21:37

To the point.
We separated semi-amicably last September when he walked out (long story). Since then sadly my other half's father died and has left a house which will sell for approx 250k to be divided between 4 siblings.
Question is - am i entitled to half of his share ? Or because the separation was before the event and I wasn't in the will. I get nothing.
No plans for divorce as yet, we are on good talking terms and no kids are involved luckily.

OP posts:
Magtheridon · 20/06/2018 21:47

Why would you want half of his inheritance ?

You broke up a year ago. His dad then died and you're hoping you can get your greedy hands on half ?

How absolutely disgusting

I don't see how you'd be entitled to something gained AFTER you've split up.

Got some great empathy and morals there love. Poor bloke.

Disquieted1 · 20/06/2018 21:51

Generally, inheritances are not subject to equitable distribution because, by law, inheritances are not considered marital property. Instead, inheritances are treated as separate property belonging to the person who received the inheritance, and therefore may not be divided between the parties in a divorce.

According to Google

TheNoseyProject · 20/06/2018 21:51

If you haven’t divorced and then do his assets will be considered in the round as far as I understand. I don’t think he has to wire you half now though as, I assume, you’ve already separated your finances.

It’s a funny view on it as though I understand that you would had benefited from it were you together, I don’t think that’s the same as you getting half of it, it’s still his inheritance.

You’d be better moving this to legal.

Imsodonewithshit · 20/06/2018 21:53

Yes they can be included in the assests. Speak to your solicitor

Soloooo · 20/06/2018 22:00

I thought everything went in the pot at the time you divorce.

Everyone’s circumstances are different so you need legal advice.

Imsodonewithshit · 20/06/2018 22:02

In fact I know someone that went back and made a claim on inheritance 2 years after the divorce as there wasn't a final finacial settlement and got 30%.

KTCakes · 20/06/2018 22:04

Thanks for your advice good and bad. Its not quite that straightforward as hes earning a good salary and Im working on minimum wage and have got to try and get somewhere to live when he eventually sells the house.
I've moved the thread to legal dept.

OP posts:
Buckingfrolicks · 20/06/2018 22:05

You may find that going after half his inheritance kisses goodbye to that "semi amicable" divorce.

magoria · 20/06/2018 22:08

So half of his share would be just over £30k.

Lucky you have no kids because if you do this you are the lowest sort of person and I wouldn't blame him if he never spoke with you again. His dad died after you separated.

Legally you maybe entitled to a share.

Morally? As a single person with no kids between you? Not a chance. I would think less of you if I knew you.

midnightmisssuki · 20/06/2018 22:11

Confused yabu. Just no. For gods sake have some morals!

LemonSqueezy0 · 20/06/2018 22:14

I think the legal and moral answers will be different.

Just think about what type of person you want to be in life.

somuchunanswered · 20/06/2018 22:15

You have no kids, so has he somehow affected your earning potential in another way? If not, what is the relevance of his good salary and your low salary? If you were earning more and he was earning less, would you let him keep it? You talk about him selling the house. Will you get anything from that?

You say it’s not straightforward. Without kids in the equation, it seems morally very straightforward to me.

AnastasiaVonBeaverhausen · 20/06/2018 22:19

Unless his behaviour throughout the marriage somehow impacted on your ability to earn if he defrauded or cheated you in some way of a similar sum, I can't think why you'd do that to someone you apparently still care enough about to be amicable with. Unless it's just spite.

Newsofas · 20/06/2018 22:20

The objective will be to leave you both in an equal situation. It means his inheritance is taken into account when determining his assets. My ExH inherited before we had divorced. His inheritance was taken into account which meant I didn’t have to give him any equity from the family home. Tough but that was the law.

AnastasiaVonBeaverhausen · 20/06/2018 22:20

*or if he defrauded you that should read

MyKingdomForBrie · 20/06/2018 22:21

Hopefully a decent Judge will tell you to bugger off. Inheritance can be a marital asset in some circs - long relationship, money sunk in family home/assets during the course of the marriage, etc.

In your circumstances there is absolutely no justification for you to claim anything.

SD1978 · 20/06/2018 22:29

Are you on minimum wage because of his career or because that’s the going rate? How long were you married for? It seems pretty tawdry to try and get a share of his fathers estate when there are no ties between you, unless you have a reason to believe your own earning has been decreased due to the marriage and can prove it. Juts because you earn less, and would prefer to have more money, isn’t a reason.

dirtybadger · 20/06/2018 22:32

Whats you earning minimum wage got to do with your husband? Did he stop you getting a different job? Dont understand.

dirtybadger · 20/06/2018 22:34

The owner of Ecotricity, cant remember his name, had to hand over a lot of money to his ex wife years and years (decades?) after his divorce. So you probably could be entitled to some. Youre still married. But I am fairly sure they had a child, so it is likely to have been on that basis she was awarded so much...

whereiscaroline · 20/06/2018 22:45

How long were you married for?

NoSuchThingAsAlpha · 20/06/2018 22:54

In Scotland it wouldn't count because it was after the date of separation.

Pandora79 · 21/06/2018 06:45

The fact that he earns more, in my opinion, has nothing to do with it.

You don't have kids. So there's no need for him to help support you.

I am getting divorced. Ex earns more than me and we have 2 kids. I couldn't imagine going after inheritance that he got after separation.

How long were you married?

shouldwestayorshouldwego · 21/06/2018 06:57

Unless you had given up work to care for FIL say I don't think morally you would have any right to that, and even if you had it would still be dubious. How do you think that he would feel knowing that half his son's inheritance is going to someone else. What if your dh has children, shouldn't future grandchildren benefit from his money? Is there any reason why you can't get vack on the dating scene and find someone more compatible to share your living costs with? Move back to your parents? House share?

donajimena · 21/06/2018 07:04

Oh my word how greedy. Try and up your earnings rather than sniffing around your bereaved ex. What a horrible thing to do!
My partners ex tried this after his mother died. Fortunately she left it all to his father. Didn't stop her going for nominal maintenance though to get her hands on the pot when his father passed away. Luckily the judge told her to piss off. In more judge like terms. Wink

pinkhorse · 21/06/2018 07:07

That's disgusting. That money should be for your dh and his siblings. Stop being so greedy. How is it your dh's fault that you're earning minimum wage?

People like you make my blood boil Angry