This may be a bit contentious but inheritance and H, any legal advice please

[andjustincase]

H and I split 15 months ago and shortly afterwards my mother passed away.

There is some money due from this, to be paid out in the next few months I imagine, to be split between myself and another family member.

Since the split, I have accrued some debt. I have also attempted to petition H for divorce but he declined. He is now about to petition me for divorce.

If I get the money, what would happen if I immediately used it to pay off the debt. I know the money will be something he brings up (he told me a while ago that either we were splitting it or it would all go to the children and I couldn't touch it.) The way I see it is, it's clearing debt which is giving the children better quality of life by more disposable income, she died after the split, and he was horrid to her in her life so shouldn't see a penny anyways.

How will this stand legally?

My

If your mother left a will and you are named then I think it is your money. Nothing to do with your H. Even if she didn't leave a will I don't think he has a claim.

BUT I am not a solicitor. I have been filling out probate forms today so I'm aware that there are rules about this sort of thing. Think it's only blood relatives or spouse of deceased that can contest anything. Tell him to keep his beak out and if he's due anything he'll be hearing from the executor(s).

Hopefully, a legal person will be along to reassure you soon. Sorry you've had such a rubbish 15 months.

Your DH is not a blood relative of your mother so has no legal claim on the money, even if she had died intestate, which obviously she did not.

If your mother left it to you then it is yours, and you can do what you like with it BUT your DH might argue it was joint assets if a divorce goes through. But as you are not actually divorcing right now there is no reason you can't use the money as you wish.

See CAB for full legal position, or your local solicitor...but he cannot force you to split money left to you in a will.

It really is not up to your H to tell you how you can or cannot spend your inheritance. It's your inheritance. Had it been his mother, would he have split it with you?

The only way I can see it having any relevance to your divorce is as an asset of yours in the settlement. But if you have used it to settle debts, it won't be an asset anymore.

Disclaimer - am not a solicitor. You need to get proper legal advice.

hmm see this is my view on it. It won't be an asset when it's gone, and obviously I won't have spent it on something exciting.

I was wondering if he could take me to court for half as an asset, when I won't have any money (but no debt either). Would they expect me to take out some sort of loan to give him half?

sounds like from what people here are saying is that if you spend it quick before your divorce - as its your inheritance left to you YOU CAN DO WITH IT WHAT YOU WILL

you decline the divorce. spend the money and then get him to petition again if he want to.

but there will be no money and he cant argue you spent it for spite.

see a solicitor.

If you spend it (including using it to pay off the debt) then there won't be an issue. If you hung onto it in a bank account then it might be an asset to be divided as part of the financial settlement (although it might not be).

I think. But it's been a long time since I studied any of this. Check with a solicitor.

Fistly, I don't understand what you meant by him declining a divorce? If you want to commence divorce proceedings you don't need his agreement to this if you are petitioning on his unreasonable behaviour. There are only 2 facts on which you can petition immediately, on the other partys adultery or their unreasonable behaviour. With regards to adultery (if applicable) he would need to admit this but on behaviour he doesn't need to admit it. He could potentially ignore the paperwork (he would need to sign and return the acknowledgement of service form to the Court for the divorce to progress) but if he does this, you can just have him served personally (by a private investigator/process server) and then you will have proof he has received the papers and the divorce can progress. He could technically defend the divorce but unlikely. There are very few defended divorces and if he sought legal advice he would be advised not to bother defending or else to find a few grand up front for his solicitor to represent him. Defending divorces is just a delaying tactic, it will go through ultimately.
Therefore, no reason why you can't issue proceedings immediately assuming you have some examples of unreasonable behaviour you can use. (some can be quite vague, over last few years but the last one will need to be more recent, ie within last few months)
On what basis does he think he is going to issue divorce proceedings?

Ref your inheritence, yes, technically it is yours to spend as you see fit. HOWEVER, if you do go down the divorce route, when the ancillary relief (finances) are considered, he may well argue that this should be taken into account. (I have known a few cases where this has happened). However, if you are intending to use it to clear some debts, that sounds very sensible and I find it hard to believe you would be criticised for this. If on the other hand, you purchased a luxury item, ie a sports car, then this could be taken into account in the overall financial picture. Also, if you just go out and spend it on frivoulous stuff, it could be argued that you should have to account for that (ie it should be taken into account and he should get credit for that) but most unlikely. I see absolutely no problem with you using to to pay your debts and find it hard to believe you would be criticised by any Judge at a future hearing for doing this. He cannot insist that you split it or it is only used for the children. It is not his money. Good luck