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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:
fontofnoknowledge · 22/06/2018 06:31

Hi KTcakes ** I'm sorry you have had such a rough ride in your first post. As you get used to the site you will find out that there are some topic boards more sensible than others. Unfortunately you jumped straight into the deep end where the most vitriolic keyboard warriors reside - just waiting to see the worst in everyone. It's all very childish (but sometimes entertaining 🤭) however if you have a genuine, legal question you can do no better than here on the legal boards.
There are a lot of great family lawyers who give of their time to advise on 'legal'

Look out for Mrs BertBibby (who has already commented on your question) .'Collaborate' and 'Ph7bridge' spring to mind along with 'BabyBarrister' - plus many more who I cannot recall instantly. You will get sensible, measured legal views without the hysteria found on AIBU.
I hope moving your post here AND including essential info that you have bought up children whilst your soon to be ex had the opportunity to increase his salary. Will provide you with the advice you are looking for.

OrchidInTheSun · 22/06/2018 06:50

She had a rough ride because she said there were no children involved Confused

MrsBertBibby · 22/06/2018 07:24

She had a rough ride because this site is full of people who seem to attach an extraordinary moral dimension to financial arrangements on divorce with very little idea of either the law or the realities of an individual case.

Just look how posters lose their minds when the subject of spousal maintenance comes up.

It's quite peculiar.

fontofnoknowledge · 22/06/2018 07:26

I know that. However now she has posted a fuller picture and moved to legal, hopefully people will start acting in a kinder way and offer actual advice.

fontofnoknowledge · 22/06/2018 07:29

Xpost MrsBert. Yes absolutely. Love the way people who have absolutely no idea of the legal standpoint pile in with certain knowledge that someone will or won't get xxx on divorce ! Especially spousal maintenance..

ScrubTheDecks · 22/06/2018 07:39

OP, the length of time, the caring for the father and the children are 100% relevant to the answer!

You need to talk to a solicitor.

Sorry you are in this position.

I must LOL at MN. SO keen on marriage, which is actually a contract to hold all assets as joint and shared assets. But oh no, that legally binding vow only really counts within the sacred condition of motherhood.

Good luck OP, I hope you get a fair settlement.

CornishMaid1 · 22/06/2018 09:07

A pp mentioned upthread about the energy firm boss paying money to his wife. That was a different situation - usually when you divorce you get legally divorced and you also sort out the finances for who get what (either in Court or by a Consent Order) so you have a clean break. They did the first and not the last so she can back years later to sort the money. Most people don't have that.

If you get divorced then, as part of the divorce Form E your ex has to declare all of his money which would include the inheritance. You will then divide up your assets and you may end up with a bit of the inheritance or, depending on what else you have, you may not. By the time you divorce he may not have it all.

That only gets decided during divorce proceedings when you are splitting your assets. You do not currently have any entitlement to it, so you cannot just go over to see your ex and ask him for half of the money.

CornishMaid1 · 22/06/2018 09:09

Also, I would be cautious of how your approach him if you do now anyway.

A recipient in a Will can vary the Will for up to two years after death to give their legacy to someone else. If you start commenting that you want some of the inheritance you may find that your ex varies the Will to say give it to a sibling to keep it away from you - I would in the same situation.

Xenia · 23/06/2018 14:22

I am surprised by some responses above. You need to see a solicitor. In England it is likely to be included as necessary to house the children and ensure a fair split. In England assets are divided at date of divorce (not separation) and secondly unless you have a final court sealed consent order for a "clean break" either of you can come after the other for more money even decades later. Good point above about right to vary wills although I suspect if that was to keep the ex wife's hands off it the variation might be set aside -take legal advice before doing anything.

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