Should I get the divorce started?

[RidingARollerCoaster]

Hi,

My DH and I separated in March of this year, he moved out a few weeks after and at the end of July I bought a new house (purchased 50% of new build / renting 50% from housing association). The house purchase and mortgage is in my name only.

Unfortunately my Mum is very unwell (diagnosed about a month ago) and is unlikely to see Christmas. I am due to inherit a not insignificant amount when she dies.

I wasn't in a rush to divorce my husband (there is 0% chance of us getting back together), I was going to wait 2 years to 'dissolve' the marriage rather than going through divorce proceedings at this stage.

Money was never going to be an issue as neither of us have any to speak of - he has a lot of debt, I have a bit but now I am wondering whether I should kick off the divorce now as he might have a right to a share of my inheritance?

Also, I'm assuming he's got no claim on my new house?

Just looking for a bit of advice?

Might as well start it now, but if you feel you are certain to inherit something substantial you'll have to disclose that in financial negotiations. Doesn't mean he'll get a share of it though.

He potentially does have a claim on the new house - as you’re currently married it is a marital asset.

Yes he could potentially claim for half your share of the house as you were married when you bought it. Start proceedings now and get advice from a lawyer.

Absolutely get underway pronto

My ex had rights over my inheritance. It’s just put in the family pot to be allocated. You can’t ring fence it unfortunately.

Fact that house in your name means squat all

If I was in your position I would speak to a solicitor about options for ringfencing your house and your potential inheritance from your mother, rather than trying to rush a divorce through before she dies, which sounds like a stressful option to me. (I do not know if this is possible but this is the route I would explore first rather than rushing to initiate proceedings.)

See a solicitor ASAP.
Maybe it could go In some kind of trust he can’t touch. If your mum is able of course.
Do you have children?

Thanks for all the messages, will see a solicitor ASAP. Yes, I have one child from a previous relationship & we have one child together.

I left my stbxh due to his mis-management & lying about money so this is my major concern with him going forward.

We are very amicable at the moment so I think it might be better to do sooner rather than later in case things turn sour for any reason - bitter experience!!

Would it be a “family law” solicitor I would need to speak to?

Initially, yes. If the advice is to consider asking your mum to changer her will, you'd need to see a private client lawyer.

Beware though - putting your inheritance beyond the reach of the court is only achieved by putting it beyond your own reach. the existence of a discretionary trust in your favours something that the court will not ignore.

Also, its not a marital asset (in the sense that it's not derived from the fruits of the marriage). Although the court can make orders against the inheritance, it will only do so if reasonable needs cannot be met without doing so.

It’s just put in the family pot to be allocated.
Just saying that a similar question was asked recently and replies said very different - that an inheritance coming late in the marriage had to be declared, but was unlikely to be counted as a joint asset. Do check on this.

Late to a marriage, possibly
Sorry missed that

Be very careful about intentional deprivation of assets

Hopefully you're unlikely to have any equity in the house anyway, as you've only just bought it. The inheritance is a different matter and he'll be entitled to a share, as you're still married.

The inheritance is a different matter and he'll be entitled to a share, as you're still married.

When people post here asking legal questions it is far better to be silent than to post something wrong and misleading, as this statement clearly is.

Let me rephrase it, he'll be entitled to claim for a share. I practised family law in a former life, and there always 2 sides to a dispute. That's why we have courts.