Is this right - friend with both parents dying receives inheritance then wife asks for a divorce weeks later?

[mids2019]

A friend has recently lost his last remaining parent and therefore received part of the estate. The fiends wife asks for a divorce and has started proceedings quickly to presumably prevent any inheritance being spent and not being a marital asset.

So you think this is fair? The marriage may have been rock(?) but it does seem from the outside as someone wishing a divorce making a careful calculation to benefit the most financially and perhaps with callous timing.

Does this happen a lot?

No, it’s not fair and it’s shocking behaviour from the wife-unfortunately inheritances are marital assets

It is shocking, but people often shock where money is concerned.

I expect she believes she's "earned" it for everything she's contributed to the marriage and whatever it is she's put up with that's now made her leave.

I was led to believe inheritance payments cannot be counted as a shared asset. I was told inheritance payments belong to the person to whom they are given to.

By a qualified lawyer?
because thats the only advice that actually counts

Inheritance is discretionary. I would imagine in this case, given the timing, your friend would be able to make a strong case for retaining it. If, say, it had been received ten years earlier and used to pay off the mortgage on the marital home, then it would be hard to argue that it wasn’t a marital asset.

Yes she has made her move too soon. Get your friend to see a damn good lawyer and keep the inheritance in a sole account. It’s very likely that he can make a good case to have it kept out of the pot. I agree that as far as I’ve understood it (hearing of friends and family divorce situations etc) inheritance IS a grey area. But he needs good advice asap. Get him to see 2-3 solicitors for an initial consultation.

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

Looks like it is unlikely to be split, especially with the split being so close to the date the inheritance was received.

It doesn't automatically go in to the joint pot as it is a non-matrimonial asset, and if only recently received, they may not be entitled to it. However, the courts look at the needs for both parties, so it could come into it depending on their other circumstances.

They need to get proper legal advice and give the solicitor the full picture of all assets etc so that they can advise properly.

This. He shouldn’t spend a penny of it; and should keep in account in his name only. May be able to ringfence, as long as both of them can be adequately housed etc with the rest of the assets

Just after I separated from my first husband I received a substantial inheritance and he was not allowed to claim any of it .
That was years ago and may well have changed but it definitely wasn’t included in the pot.

Another, more charitable, take on the timing could be that they’ve been miserable for ages, but piling on the divorce admin and grief didn’t seem the right thing while his parents were dying. She also may well have her own inheritance/s that she’s kept separate.

A small inheritance I had was ring fenced for me and did not count as a marital asset.

Yes, even if technically it's joint money, there's probably a strong argument that the inheritance can and should be treated separately.

However, it's enitrely possible she didn't start divorce proceedings before because she didn't think that financialy it would be possible for them to run two households. And I imagine that yes, the judge would take that into account - especially if there are children involved because no one wants a situation where dad is living in a lovely 5 bedroom house driving a porshce with the kids having their own rooms, a playroom and a swimming pool while they're sharing a bedroom, mum is sleeping in the lounge and they can barely feed themselves in the 1 bed studio that's all she can afford.

Nothing shocks me where money is concerned. My DPs ex wife, asked within 10hours of his GF dying if there was any money for the kids to be had, utterly appalling behaviour.
He has her blocked and she used her DDs phone to text him.

Yes by a solicitor who deals in family law.

If it a long marriage it starts at 50/50 but then there is an element of ‘need’ that applies to pre-marital assets and inheritance. If 50/50 gives a party enough fir their needs then tbd other part has an argument for keeping them.
However.. if you go to court to argue it out there it is phenomenally expensive -if you can agree it’s through mediation obviously better.

Thanks for all the advice - summary get some legal advice.

it s been a really rubbish time for you as you imagine so any nuggets of outside wisdom mean a lot.

You obviously know your friend but I have a very good male friend who, while he was going through a divorce, made contact with a second male friend that we both knew when we were younger who was also going through a divorce. My friend was then regaling me with tales of this other friend's crazy ex and how she was "taking hiim to the cleaners" because he'd started a business and was now making lots of money and suddenly she wants a divorce....

I won't bore you with all the details but even just from being mutual friends on facebook, I was able to point out multiple ways in which his friend's ex-wife had had to give up things/would struggle without being married. It literally hadn't occurred to him (or this other man).

Of course your friend's situation could be very different, but I do wonder. Definitely recommend he gets a solicitor to advise and, if you can, encourage him to see both sides.

I’m not sure if we have enough information to decide if we think it’s fair or not.
If she’s 25 married for two years to a 60 year old who has just inherited the family fortune, probably not.
If they are both in their 60’s married for 35 years, then perhaps the older generation dying has bought it home to her how short life is and how unhappy she is with her husband. In that situation I would think she deserves something.
Please note this is only what I think, no legal basis for any of it.

Nowhere near enough information to say who's morally right or wrong, let alone legally. For example there's a thread at the moment from a woman who's having to give up work to look after two disabled children but her husband won't share his income and insists she pays 50% towards household bills. She'd be morally right to take every penny she could from him in a divorce.

Not in the UK but: my parents put explicitly in their will that the money from the inheritance was for me only and not my husband. I was told this is a very common procedure.

I inherited a 6 figure amount between separating from and divorcing my ex-husband.

At the point of separation and at his behest we'd signed a financial agreement stating that he'd take amount A, I'd take amount B, we'd deal with debt C as detailed, and crucially that neither would make any later claim on the other.

Sucked to be him

What did he do that she wants to divorce him.?

My ex husband was cheating on me for years but I waited till he got his inheritance too.

I thought inheritance didn't become marital asset unless mingled (such as used to pay off mortgage or put in a joint account).

He needs to keep it in an account solely in his name, and get legal advice.

Well I mean he does have timing on his side.

He gets money, she's straight down the solicitors for a divorce because she has pound signs in her eyes. Doesn't work like that and a good divorce solicitor and judge etc will see right through it.