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Original poster

would my hubby have a right to my inheritance if we divorced?

20 replies

lovehorses · 03/04/2008 09:48

If I use my inheritence to pay off our joint mortgage, could I get all this money back if we split (ie excluded from the negotiations)? Even If I put it in an account in my name, would it still be classed as part of the joint estate if we split anyway? Is there anyway of protecting this money as 'only mine' incase we split? It's quite a large sum and I know my relative would want me to be cautious and financially protect myself and children as much as possible, so I really don't want it to be put 'in the pot' to be split between us.

OP posts:
elliott · 03/04/2008 10:01

I believe that it would count as part of your assets and probably be included (but I am no expert!) I would imagine the best way of protecting it would be to put it in trust for the children. Maybe someone with more expertise will come and advise.

WideWebWitch · 03/04/2008 10:03

If you're married you don't really get a choice, it's all joint marital assets. Unless you're given it after you split.

Quite right too imo.

CantSleepWontSleep · 03/04/2008 10:05

Am with www on this one.

Do you intend to split, or are you just naturally pessimistic?

Youcannotbeserious · 03/04/2008 10:11

If you are married, then it'll be classed as part of your joint assets, reagardless of whether or not it's in your name only or not.

If you want to protect it for your children only, then you can put it in trust funds for them.

Heifer · 03/04/2008 10:13

how would you feel if your DH asked the same question?

We have both used our inheritance for joint things - we are a couple, what was his is ours and what was mine is ours..

If you are on a verge of a break up then fair enough I can understand your concerns, but still not sure that you can do anything about it - it may be worth asking legal advice.

MrsTittleMouse · 03/04/2008 10:21

It's only "yours" if you inherit after you divorce. I've sadly done quite well out of marrying DH as there have been several deaths in his family since we got together. Whenever I come into money though, we treat it as a joint asset too. It would be the same as DH telling me that I'm not entitled to the money that we save, as I'm a SAHM.

Swedes · 03/04/2008 10:31

Actually, you are wrong. When a married person dies they can leave their assets to the Cats' Protection League if they want to. If you own property together then it depends on how you own (tenants in common or joint tenants). If you own property as joint tenants then the deceased's share will pass to the surviving joint owner - whatever it might say in the Will. However, where a person dies leaving nothing to the surviving spouse, any other member of the family or a dependant, the person who is left out may apply to court in certain circumstances and request part of the estate. This is then considered by the court - the action must be brought within six months of the date of death.

It is ironic that you will get half (as a general rule of thumb though not always) if you divorce after 10 years but may get nothing if you remain married right up to the death of your spouse.

Original poster
lovehorses · 03/04/2008 12:31

cantsleepwontsleep
A bit of both really - split is very possible and I am a pessimistic. My relative was always wary of the relationship and worried about my hubby's irresponsible attitude to money and life and always said I should be very careful and look after myself. I owe it to them to try to listen to their words of caution as it is there money were talking about.

OP posts:
Original poster
lovehorses · 03/04/2008 12:35

MrsTittlemouse
I don't think it's the same as normal income into the house. As a SAHM you keep the family and home going, and without your hard work, your partner may not be able to go to paid work. Both of you work hard and share the rewards.
I'd suggest inheritence is different - I got it from love from my relative, irrelevant of my hubby (or his contribution to the family and workload).

OP posts:
horsish · 03/04/2008 13:00

but that is thew whole point about being legally married.
The law sees you as one so any money one of you earns/is given WHILE YOU ARE MARRIED is treated as joint so your ex would be legally entitled to a share.

if he is a moral decent chap he might not make a claim on it though

horsish · 03/04/2008 13:02

Have you actually been given this money yet?

If not tell your rellies to hang on to it till you are divorced and only then give it.

Original poster
lovehorses · 03/04/2008 14:12

forgot to say thanks to everyone for your thoughts/advice. Really valuing the different viewpoints coming through - thankyou

OP posts:
Swedes · 03/04/2008 14:55

The legal position is summed up very well in this interesting article about Nigel Havers being cut out of his wife's estate which was worth several million pounds at the time of her death

elliott · 03/04/2008 14:59

swedes I think you are talking about a different situation - the op is talking about what happens to money left to her (by someone already dead I guess) if she divorces her husband. she's not talking about how her and her husband leave money to each other in the event of their deaths.
Lovehorses, while morally you may feel that this money is different, I think legally it is not. It does sound like the best you can do would be to put it in trust for the children, that way at least you know that your relatives money is benefitting them (though I guess your dh may still benefit indirectly if he has to support them less in the event of any divorce).

sparkleymummy · 03/04/2008 15:00

But Swedes isn't the post about what happens to the money in a divorce not on death.

The best way to do it is to put it in trust for the children.

Swedes · 03/04/2008 15:02

Actor Nigel Havers, star of Chariots of Fire and TV series such as Manchild, was until last month embroiled in a real-life drama over his late wife Polly's will, in which she chose to leave her entire £2.3m estate - including the family home in Barnes, west London - to her two sons from a previous marriage. Polly, who died from ovarian cancer in 2004, allowed for Havers to continue living rent-free for life in the house or any subsequent house bought with the proceeds, but gave him no other benefit.

Swedes · 03/04/2008 15:08

I misread, sorry.

MrsTittleMouse · 03/04/2008 16:06

I can see your concern if you are about to split up. It would be very frustrating to have to give your DH half of the money just because a relative died just before you divorced, money that you would have had completely for yourself had they lived a little longer.
Legally though, you are married right up to the point when you are divorced. If you tried to hide the money and not tell DH about it, you would get into trouble when you split as you would be intentionally depriving him of assets obtained during the marriage.

MrsTittleMouse · 03/04/2008 16:09

Actually, the case that I knew of was the other way round. Couple divorced, she got half the assets, soon after she came into a huge inheritance. The husband wanted to know if he was entitled to any of it, and the answer was no, as they were no longer married and a divorce settlement is considered final.

StripeyKnickersSpottySocks · 03/04/2008 18:19

I once consulted a solicitor about a divorce (didn't go through with it in the end) and dh had 6months previously inherited quite a large sum of money.

The solicitor said I wouldn't be entitled to any share of it. She said an inheritance isn't counted in the asset split - but not sure if thats because it was such a recent inheritance, or because we hadn't been married long.

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