Inheritance question

[Like2know]

Hi, I've got a question about inheritance. My parents are EU nationals and have left me their house in their EU country as inheritance. I live in the UK with British DH, married for 10 years. In case of divorce can my DH claim part of the house? Thank you.

i don't know.
but have you actually inherited the house, you say your parents are...
so presumably you mean thy have made a will, in which they bequeath their house to you.
if that is the case, and you divorced before you inherited the overseas house, then i think no your spouse would have no claim on it.
however if you have already inherited it, upon divorce, i'm not sure.
sorry not a lawyer. are you contemplating divorce.
if so, start getting your ducks in a row. as they always say on MN. perhaps this query is part of doing so ??

If your inheritance is kept separate the courts will only award your husband part of it if there is no other way of meeting his reasonable needs. However, if, for example, you sell the property and the money is mixed with other marital assets, it is likely to be lumped in with all the other assets to be split between you.

If you are concerned, you may want to consider entering into a post-nuptial agreement with your husband. Whilst an agreement is not binding on the courts they will usually implement it provided it has been entered voluntarily, both parties have received independent legal advice, there has been full disclosure of assets and the agreement is not clearly unfair in the current circumstances.

Thank you both for your replies. We are not divorced but the situation is not very good between us. I would not be looking to sell it so I am not sure how it would be possible to give my husband part of the house. My parents gave me the house before they passed away, so not in their will per se. Does this make a difference if it was given in their will or before they passed away?

If it is clear that it was a gift to you it will be treated in the same way as an inheritance. It will not be regarded as matrimonial property and will only be dipped into if there is no other way to meet your husband's reasonable needs.

i think you need to consult a solicitor over this.
whether you are looking to sell it or not will be irrelevant if a court orders it to be part of a settlement, ie you would have to sell it to release funds to him. but it may not come to that.
that's why you should seek urgent specialist advice.
he might decide to divorce you. things can get taken out of your hands, literally. information is power. find out the exact position. good luck.

Thank you both so much, you comments are really useful. I will look further into it with a lawyer. It is important to consider different eventualities.

@Like2know

Thank you both for your replies. We are not divorced but the situation is not very good between us. I would not be looking to sell it so I am not sure how it would be possible to give my husband part of the house. My parents gave me the house before they passed away, so not in their will per se. Does this make a difference if it was given in their will or before they passed away?

Yes, as it wasn’t an inheritance. But if the house is not in the UK, you need to get proper legal advice.

Yes, as it wasn’t an inheritance

Wrong. In divorce gifts and inheritance are treated the same way. Also, the fact that the house is not in the UK will not make any difference in divorce as far as the UK courts are concerned.