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Does a spouse automatically have rights to any inheritance?.

10 replies

Sandals19 · 06/12/2019 21:56

If you were to divorce, does a spouse automatically have rights to any inheritance you received during your marriage?

OP posts:
MrsBertBibby · 06/12/2019 22:33

It is impossible to say without masses more information. See a solicitor.

Sandals19 · 06/12/2019 23:06

Married 6 years.

One property in my name, bought 10 yrs before marriage, some equity.

One property in both names, bought recently, no equity.

Husband has quite high salary and works 5 days. Wife works 3 days, low salary, looks after (one) child other two days.

Will do (solicitor) but wondered if anyone knew any basics in this.

OP posts:
madrush · 06/12/2019 23:12

Very generally, if inheritance was put into a family money “pot” it would definitely be classed as shared. If kept in separate name/savings account it may be discounted from family money. But, depends on specific circumstances...

HeddaGarbled · 06/12/2019 23:14

Here you go:

‘A recent Court of Appeal case has set out some useful guidelines:

Each case depends on the individual facts and circumstances
If inherited assets are transferred to joint names or used for the benefit of the couple/family, they are likely to form part of the ‘pot’ of matrimonial assets available for division by the Court

Inherited assets received shortly before the breakdown of the marriage are less likely to be included in the matrimonial assets for division, depending on whether the other assets are sufficient to meet the couple’s or family’s future needs

The needs of the family, especially where there are minor children, will be the overriding consideration and if the only way to meet those needs is by transferring inherited assets or assets deriving from them, to the other party, the Court may do this.’

Sandals19 · 06/12/2019 23:40

Many thanks folks.

Google says much the same. Little bit grey.

OP posts:
tomboytown · 06/12/2019 23:53

What’s the inheritance? Your property?

Sandals19 · 07/12/2019 00:05

No, from a parent who has passed away, very sadly.

Inheritances sound good until you realise what they (often) mean.

Marriage has not been great for a while.

OP posts:
Collaborate · 07/12/2019 00:15

Whilst an inheritance used to buy an asset in joint names is then classed as a marital asset, that doesn't mean that you ignore its provenance and the split, on sharing principles, may not be 50/50. The split on the ground of needs might be something different.

Sandals19 · 07/12/2019 10:37

Thanks everyone for your responses.

OP posts:
JacobReesClunge · 10/12/2019 19:04

This depends a lot on where you live. The law in Scotland differs from that in England and Wales.

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