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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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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:
zippey · 21/06/2018 07:12

Not sure the legal answer, but morally, you would probably be angry if the tables were turned and he went after YOUR inheritance.

Having said that, it’s free money (by hurting someone) and if you don’t go after it then you’ll lose the ability to get a free £30k.

Tillywillywoo · 21/06/2018 08:04

There's got to be some pretty bad karma coming your way if you go after that money.

Think about it, surely you can see how wrong it is to even consider it? Retrain, apply for a promotion, better yourself. Just leave your dead dads money alone.

greendale17 · 21/06/2018 08:09

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

^This. You being on minimum wage is YOUR problem not his. Your behaviour is disgusting.

NotSuchASmugMarriedNow1 · 21/06/2018 08:28

Yes it all goes into the pot to be divided.

I'm also puzzled as to why you're on minimum wage ?

InfiniteSheldon · 21/06/2018 08:33

You are an adult woman with no kids and apparently no shame. Improve your own life.

Soloooo · 21/06/2018 08:39

It could be offset against another asset eg one person keeps the inheritance, the other keeps the savings or equity from the house. So op might not ‘go after’ the inheritance as such but all assets are divided up at the time of divorce.

My biggest regret was not divorcing straight away after separation as exh was entitled to my savings and pension over several years (I worked/he didn’t.)

Pandora79 · 21/06/2018 08:51

Yes it all goes into the pot to be divided.

That's not always true.

piethagoras · 21/06/2018 08:55

Nobody has asked the pertinent question yet, so I'll jump in.

Are your parents still alive OP? Do they have any assets?

loveisland · 21/06/2018 08:59

And people wonder why pre nups are trying to be used in the UK. You are so greedy op it is unbelievable, so many more vulnerable women leave a H in a much worse circumstance with young kids, given up a career no house and they don't even look to take the money just glad to be out of the situation. Stop being a gold digger!! I hope you come with a warning to other single men!

TheOrigRightsofwomen · 21/06/2018 09:00

My small pot of inheritance was ring fenced during my divorce as I was using it specifically to pay for DS1s 6th form fees.

All circumstances are different and you need legal advice.

AnyaMumsnet · 21/06/2018 11:05

Hi everyone,

OP has asked for this thread to be moved to Legal Matters, so we'll be moving it across shortly.

prh47bridge · 21/06/2018 11:25

When you divorce you will be entitled to a fair share of the assets. That may be more or less than 50% depending on a range of factors. This inheritance will go into the pot to be split between you. It is best if you can agree the split yourselves. However, if the courts have to decide they will try to preserve the inheritance for your ex and will only dip into it if that is the only way to achieve a fair settlement.

KTCakes · 21/06/2018 18:50

Thanks for all your comments good and bad. Im not a greedy little money grabber.
I was with my ex for 19 years and cared for his father as part of the family up to the end (we carried on pretending everything was right between us for fear of upsetting him). My parents sadly passed some years ago and my small inheritance went in to the marital pot.
All I want to do is get some advice on the legal position as when we come to split the assets (all in his name) I want to know entirely where I stand.
Im not on a great wage because I've been bringing up our kids for the last 15 years and moving around with him and his job.
When the kids flew the nest so did he.

OP posts:
donajimena · 21/06/2018 19:04

I do hope you try and up your earning potential rather than play the poor me card. Obviously you have drip fed included some more information but you really need to try and better yourself.

loveisland · 21/06/2018 19:32

Op you done a cracking job on drip feeding Wink

Pandora79 · 21/06/2018 19:49

Sooo there are kids involved.

Because you are saying that the having kids impacted your earnings.

SD1978 · 21/06/2018 21:40

I am slightly confused- you stated no kids involved and yet you’ve been raising them for 15 years? Did they go with their dad?

KTCakes · 21/06/2018 22:27

The situation with my children is not at all relevant to the initial question.

To be honest this is my first post on this site. I was hoping for some advice for what I thought was a straightforward question.
“Yes you can”or “no you can’t” from people who know the law or have found themselves in a similar situation.
Instead all I’ve got is a load of bullying bitches trying to have a go because my question doesn’t agree with their moral whiter than white views.
You don’t know my circumstances. You don’t know what I’m going thru or what I’ve been through.
You ask for more information, I give it and it’s not enough.
I’m done

OP posts:
MrsBertBibby · 21/06/2018 22:32

You need proper advice OP.

Inheritance, especially after separation, is generally a non matrimonial asset, but there is a wide discretion to ensure fairness.

Magtheridon · 21/06/2018 22:33

Massive drip feed.....

donajimena · 21/06/2018 23:00

I'll take being called a bitch knowing I'm not greedy. I hope you get none of it.

Pandora79 · 22/06/2018 04:53

The situation with my children is not at all relevant to the initial question.

But they are relevant. Because you are look for a settlement that takes into account your career was damaged due to you bringing the children up.

So how are they not relevant?

timeisnotaline · 22/06/2018 04:59

The reason you are claiming on us assets is because you contributed to his ability to earn them, by looking after his kids, caring for his dad etc. The kids are extremely relevant op.

OrchidInTheSun · 22/06/2018 05:48

Of course it's relevant - both legally and morally. You said 'no kids involved'. They're still your kids, even if they're in their 20s

Skittlesandbeer · 22/06/2018 05:57

It would be very hard to think of a single other factor that would influence the legal OR moral question you ask MORE than whether you’ve raised kids together.

Leaving them out of your story paints your question in an entirely different light. You must see that, surely? People trying to help you over the internet can only work with what you give them...