Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Legal matters

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

Probate and divorce

6 replies

quicknamechangetime · 25/11/2018 11:38

NC for this. I'll post on relationships board later as going to need a hand hold going forward but could do with some quick advice for now. DH wants trial separation, his mother died this year and probate has been granted but his mothers house sale is not at exchange stage yet. If we do separate will the house proceed sales be included in any settlement when it's finally sold or are his only?

OP posts:
prh47bridge · 25/11/2018 12:52

In this situation the courts will try to preserve your husband's inheritance and will only dip into it if there is no other way to meet your reasonable needs.

Ceilingrose · 25/11/2018 17:17

I don't know the answer, sorry. I assume it might depend on circumstances.

In some case the way suggested above would surely be unreasonable. What if the wife always earned more in their earlier years, and everything had been shared? Then buggered off down the line?

Singlenotsingle · 25/11/2018 17:24

The trial separation isn't relevant. You remain married until the divorce is finalised.
If he inherits the house before your divorce goes through, it would be considered a matrimonial asset.
He might not inherit the house anyway (what does the Will say?)

quicknamechangetime · 25/11/2018 18:42

Thanks. Yes he does own the house.

OP posts:
Collaborate · 25/11/2018 19:20

I’m afraid that Singlenotsingle is one of those posters who comes on here spouting any old bollocks .

Prh47bridge has accurately and succinctly summed up the law.

MissedTheBoatAgain · 26/11/2018 02:27

I’m afraid that Singlenotsingle is one of those posters who comes on here spouting any old bollocks

Hahaha.

New posts on this thread. Refresh page
Please create an account

To comment on this thread you need to create a Mumsnet account.

This thread is closed and is no longer accepting replies. Click here to start a new thread.