Is my inheritance now half my husbands?

[elfd]

I inherited 40k from my mother when she died, I spent half on home improvements etc, the other 20k is sitting in an account. I feel like it's my rainy day money, possibly to one day help start afresh. Things with DH aren't great and every so often he mentions the 20k. We have been married almost 15 years. If we divorce is he entitled to any of the inheritance?

It would be worth checking the laws where you live. I’m in Australia and as sad as it is inheritance is included as an asset and would be calculated into a split.
A decent human being wouldn’t want his ex’s inheritance but that’s another story

Yes I think he is.

In England and Wales he would usually be entitled to half.

It’s marital assets so he’d be entitled to make a claim on it in a split. The starting point for splitting marital assets is 50/50 but that doesn’t mean the award is ultimately 50/50 if it goes to court

It is a grey area and no particular rules in Uk.

In my divorce, I didn't get any of my ex husband's inheritance

I think I’ve seen people on here say that you can ringfence an inheritance but I should think you’ve probably left it a bit late to do that. DH and I are both clear that inheritances belong to the individual, not the family but that said, we are 60 and have no kids at home or anything like that.

Don’t worry if you get divorced, the lawyers will take it all so a moot point.

In scotland it is still yours so long as you have not used it in a joint sort of way.

In England definitely, all money in the bank goes in the pot to be divided.

Not inheritence

To add, if you go down the court route to try to secure the inheritance it'll probably cost you more than £20k In solicitors, barristers etc.

www.divorce.co.uk/your-finances/inheritance

Looks like the answer is neither definitely yes or definitively no, but depends on your financial circumstances in the round. If you were willing to split it I imagine it's straightforward but if not then you need to get proper legal advice.

What other assets to you have? Rent or own? Do you both work, have kids?

once an inheritance ( or part of) has been spent on a home it is part of that home that belongs jointly to you both so that 20k is now part of the house which is a joint asset, the 20k still in the bank is yours but you having that 20k will be taken into account when dividing money fairly so if you had a saving account with 20k in it could be he gets the savings account and you get to keep the inheritance, or if he has a better pension than you but there are very little joint savings your share of his pension might be less generally after a long marriage the starting pint is 50/50 but it may not be the finishing point
is the money in a joint account or in your name only just to make sure it doesn't disappear
in Scotland inheritances genrally belong to those who inherit them unless spent on a joint asset ie your joint home, but it is not the same in England and Wales

I’d suggest using some of it to get some legal advice.

Not if you spend it before you do the financial form.

Book a lovely holiday, upgrade your car, keep a few thousand

Looks like I'm best off enjoying it all while I can. I feel like it's the last part of mum that I have left. Which is one of the reasons I've held on to it.

In England I think he might be entitled. Yes, spend it on lovely things for you and perhaps something special to remember her by. Plus some luxury holidays.

As I understand it there are 2 aspects – Divorce and Financial Settlement.

To know what a fair split of assets is and to reach a financial settlement divorcing parties need to know what the assets of the marriage are, and what each asset is worth.

Look at a Form E. A long document in which each party sets out their assets, income, and financial needs. You can see in it the assets that are taken into consideration upon divorce and financial settlement, for example property (the former marital home), pensions, stocks and shares, savings etc. It also lists the documents needed that show the value of assets for example CETVs (cash equivalent transfer values of pensions - which can be requested from pension providers).

To find out what some assets are worth an independent expert can be used. Property can be valued by an expert - estate agents, pensions by CETV and / or a pension on divorce expert (PODE) report and so on. It is important to decide what needs a valuation by an independent expert and factor in the costs of these.

Pensions can be very valuable – equivalent or more than the value of the former martial home in some cases. Divorcing parties might hold different types of pensions (not like-for-like, so difficult to compare without an expert). Circumstances might be complex for example an age difference or pensions in payment. One party may have stayed at home to look after children.

@AnnaMagnani and @silentpool made some useful comment on this in this thread

www.mumsnet.com/talk/divorce_separation/4664756-what-do-i-need-to-do-about-our-pensions?reply=121093079
When splitting the assets of a marriage…
www.legislation.gov.uk/ukpga/1973/18/section/25 applies

The income, earning capacity, property, and other financial resource which each of the parties to the marriage has or is likely to have in the foreseeable future. As I understand it, first consideration is given to the welfare (while a minor) of any child of the family who has not yet attained the age of eighteen. The needs of each divorcing party are taken into account and as I understand it 50 / 50 is the starting point – so unequal shares based on circumstances and needs is possible, for example 60 / 40.

After Form E Questionnaires can be exchanged to get any missing financial information / evidence. Still missing information / documentation can be followed up in Deficiencies. A solicitor's letter can be sent to request financial information. A Court Order can be applied for to retrieve financial information / valuations / missing documentation.

These offer a free advice session about pensions on divorce and separation www.moneyhelper.org.uk/en/family-and-care/divorce-and-separation/divorce-or-dissolution-how-we-can-help-with-your-pension
Free advice line (busy so keep trying) rightsofwomen.org.uk
Guides on divorce and financial settlement
www.advicenow.org.uk/guides/how-apply-financial-order-without-help-lawyer

Pensions on divorce
www.sharingpensions.co.uk/penaudit3.htm
www.mediateuk.co.uk/the-ultimate-guide-to-pensions-on-divorce/
www.nuffieldfoundation.org/news/new-good-practice-guide-addresses-shortfall-in-understanding-of-how-to-treat-pensions-on-divorce
Valuation of pensions – pensions on divorce expert report
www.collinspensionactuaries.co.uk no relation – useful website
www.collinspensionactuaries.co.uk/pension-data-collection/ templates for information required

Legal advice should be sought.
This link gives you an indication of hourly rate for solicitors
www.gov.uk/guidance/solicitors-guideline-hourly-rates
Some organisations offer free advice from solicitors and barristers rightsofwomen.org.uk/get-advice/ On their FAQs page…”Our Legal Officers and Volunteer legal advisors are all solicitors and barristers”.
Some family solicitors offer an in initial free consultation and some a fixed fee rather than hourly.
Some barristers can be directly instructed e.g., via Clerksroom Direct

Mumsnet suggest www.advicenow.org.uk/divorce-and-separation

Is the money in a joint account or sole account? If in a joint account both have access. If in a sole account only the account holder has access.

If you have kids I'd be putting it into premium bonds for them

What about if it is used as a deposit for a house? If it is used as new living accommodation would it still have to be shared?

This.

I would spend it OP! What a shame he knows about it.

Do you have kids? Could you open an account for them and do not tell your DH and put money in it?

I'd buy a nice piece of jewellery - gift from your mum.

Jewlery, Fancy Holiday spend it on something you will never forget.

I'd gift it, or some of it, to your kids in your position. Shame your H knows about it.