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Original poster

Is an inheritance from my mother a marital asset?

163 replies

LucyLoo1972 · 04/03/2026 16:17

I am likely to be separating form my DH.

I am in the process of receiving an inheritance from my mother's estate which is substantial - around £250 K and a half share of a foreign property worth around another £150 K

I am unable to work because I ahd a psychotic break at least partly due to stress my DH out me under - ironically enough through not allowing me adequate access to finances and hoarding money and controlling spending. its a long story. I nearly died and I blame myself fro putting up with that shift when id come form poverty - we had no debts nad he hoarded £100 K in his current account.

Anyway - will my inheritance from my mum be split with him?

OP posts:
ViciousCurrentBun · 04/03/2026 16:20

Get legal advice but as far as I’m aware if you keep it in an account with your name on only it’s not counted. But for those sums I would pay out for some advice.

Cerialkiller · 04/03/2026 16:21

Sort the divorce asap. Whether it is included in the asset split will depend on if you both can be supported without it.

Do not combine it with any joint assets, keep any money in a separate account in your name only.

I don't know if it will be included if you haven't actually received it at the point of financial separation?? Maybe someone can advise? He would very likely delay proceedings until then anyway.

TessSaysYes · 04/03/2026 16:22

Get legal advice asap.
I might be unwise to receive the inheritance whilst still married 😐

anddeepbreathandsigh · 04/03/2026 16:25

Yes, it’s a marital asset as you’re married and it’s income accrued during the marriage. Bit like your DH getting a large bonus etc, still an asset as you’re married. A lawyer can advise how to handle it and negotiate etc.

Dunglowing · 04/03/2026 16:25

Agree. My understanding is that unless and until you put it into a joint account or pay off a joint mortgage etc it’s all
yours.

I am so sorry that you have suffered. Is this likely to cause further attempts at financial coercive control and emotional abuse. This is a criminal offence. Have you support or information on your physical and mental safety from a DA service?

anddeepbreathandsigh · 04/03/2026 16:26

ViciousCurrentBun · 04/03/2026 16:20

Get legal advice but as far as I’m aware if you keep it in an account with your name on only it’s not counted. But for those sums I would pay out for some advice.

What makes you think that? That’s a wild take. It’s a moveable estate within a marriage irrespective.

category12 · 04/03/2026 16:28

Probably not - but you must keep it separate and not "mingle" it with the marital assets.

Get proper financial advice about how to ringfence it.

2026Y · 04/03/2026 16:29

It's not automatically a marital asset but it depends on a number of things - as it won't be integrated into your family finances (like used to buy a home that you have lived in) works in your favour so make sure you keep in separate. The judge will take a view depending on what else is available in order to provide for each of you.

BearPear · 04/03/2026 16:31

Definitely part of marital assets, my bil has just been through this

theaccomplice · 04/03/2026 16:34

I recognise your user name - please seek proper advice. You have posted about all the difficulties you have had. Honestly it will be worth the peace of mind to get proper advice on this.

Original poster
LucyLoo1972 · 04/03/2026 16:34

im going to get absolutely roasted here but here goes.

if I get ot keep my mums inheritance and our house we currently live in is split between us we would have £150 K each form the sale of our home.

I was very successful and very happy befroe and I lost the ability to work - I would have ben earning around £70 K now if I hadn't got unwell as I was an academic.

My husabnd earns around £70 K also.

if I am able to keep my mums money then I could potentially afford a pretty nice property in our city comparable ot what I have now or I could afford to stay in my house and buy my Dh out of this property.

I have two possible business ideas and I dont want ot say on here becasue it would be outing but they would require mt ot have a nice property as clients would be visiting me in my home.

Well - the thing is im really distraught at my husband having worked os hard all his life and ending up living in a place worth £150 K that would not be very nice and he woudltn have me ot make it lovely which was a way I cared for him -

He also woulnt have access to the free holiday home we visited multiple times year. so if he ends holidays he owed have to pay. im very creative and into interior design but he wont have that anymore and he is a hoarder (which was one of he this that out a lot fo strain on me.

I just feel really distraught at seeing him in this position. I loved him very very much and didnt hcallneg him enough on the tings that were making me unwell.

OP posts:
LilyBunch25 · 04/03/2026 16:34

Yes. When I was in the process of getting divorced my exh received an inheritance from his grandmother. It had to be declared, although it depends on the overall circumstances of the divorce and financial settlement whether it will be taken into account in the end.

Original poster
LucyLoo1972 · 04/03/2026 16:36

BearPear · 04/03/2026 16:31

Definitely part of marital assets, my bil has just been through this

thanks - so he had to split it with his wife?

my Dh says he wont take it anyway but I dont know if he would if we actually came ot separate

OP posts:
Original poster
LucyLoo1972 · 04/03/2026 16:37

theaccomplice · 04/03/2026 16:34

I recognise your user name - please seek proper advice. You have posted about all the difficulties you have had. Honestly it will be worth the peace of mind to get proper advice on this.

thank you - I have a contact through Women's Aid for a solicitor I will contact this week who they said can help with this

OP posts:
Original poster
LucyLoo1972 · 04/03/2026 16:38

2026Y · 04/03/2026 16:29

It's not automatically a marital asset but it depends on a number of things - as it won't be integrated into your family finances (like used to buy a home that you have lived in) works in your favour so make sure you keep in separate. The judge will take a view depending on what else is available in order to provide for each of you.

I currently have not been able to work for nine years so have no income

OP posts:
TreatyPie · 04/03/2026 16:38

I mean even if you aren't legally obliged to split your money you still could.

I sort of assumed that was the point of marriage tbh

Original poster
LucyLoo1972 · 04/03/2026 16:39

category12 · 04/03/2026 16:28

Probably not - but you must keep it separate and not "mingle" it with the marital assets.

Get proper financial advice about how to ringfence it.

I have the bits I have already received in my personal current account

OP posts:
FreshInks · 04/03/2026 16:41

Putting in an account in just your name absolutely does not protect it.

Pettifogg · 04/03/2026 16:42

LucyLoo1972 · 04/03/2026 16:34

im going to get absolutely roasted here but here goes.

if I get ot keep my mums inheritance and our house we currently live in is split between us we would have £150 K each form the sale of our home.

I was very successful and very happy befroe and I lost the ability to work - I would have ben earning around £70 K now if I hadn't got unwell as I was an academic.

My husabnd earns around £70 K also.

if I am able to keep my mums money then I could potentially afford a pretty nice property in our city comparable ot what I have now or I could afford to stay in my house and buy my Dh out of this property.

I have two possible business ideas and I dont want ot say on here becasue it would be outing but they would require mt ot have a nice property as clients would be visiting me in my home.

Well - the thing is im really distraught at my husband having worked os hard all his life and ending up living in a place worth £150 K that would not be very nice and he woudltn have me ot make it lovely which was a way I cared for him -

He also woulnt have access to the free holiday home we visited multiple times year. so if he ends holidays he owed have to pay. im very creative and into interior design but he wont have that anymore and he is a hoarder (which was one of he this that out a lot fo strain on me.

I just feel really distraught at seeing him in this position. I loved him very very much and didnt hcallneg him enough on the tings that were making me unwell.

Well then help him?

Original poster
LucyLoo1972 · 04/03/2026 16:43

TreatyPie · 04/03/2026 16:38

I mean even if you aren't legally obliged to split your money you still could.

I sort of assumed that was the point of marriage tbh

yes of course me too.

thing is we never had a joint account and I ahd restricted access to finances which was sort of reason fro my breakdown.

and I have no employment at the moment becasue my mental health was effected so severely by the psychosis - I also have physical disabilities now too.

I was conepletey all in in this marriage 100%

its desperately sad becasue we loved each other so very very much.

I didnt spot how severe his issues around money were.

he syas he owuldnt take my mums money anyway.

he loved my mum very much and she was incredibly generous to him. we've been married for 25 years

OP posts:
Original poster
LucyLoo1972 · 04/03/2026 16:43

Pettifogg · 04/03/2026 16:42

Well then help him?

Show quote history

do oyu mean by helping him decorate - or giving him more money?

OP posts:
Original poster
LucyLoo1972 · 04/03/2026 16:44

LucyLoo1972 · 04/03/2026 16:43

do oyu mean by helping him decorate - or giving him more money?

Show quote history

id do anythign to help him. even though he refuses to put any of his hoard in storage so my MH may improve - my doctors have said I cant live in this environment and expect to recover.

I love him with my whole heart

OP posts:
Muffinmam · 04/03/2026 16:44

anddeepbreathandsigh · 04/03/2026 16:25

Yes, it’s a marital asset as you’re married and it’s income accrued during the marriage. Bit like your DH getting a large bonus etc, still an asset as you’re married. A lawyer can advise how to handle it and negotiate etc.

This is terrible advice!! The OP needs to see a lawyer. Inheritance split in divorce is dependent on the country you live in.

EllaPepper · 04/03/2026 16:46

FreshInks · 04/03/2026 16:41

Putting in an account in just your name absolutely does not protect it.

absolutely correct, otherwise i would still have all of my pension post divorce....

disappearingfish · 04/03/2026 16:47

You need proper legal advice, which is specific to your country (Scotland differs from England and Wales for example).

Good luck x