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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I was married to my ex-husband for 10 years. Before we were

Customer Question

I was married to my ex-husband for 10 years. Before we were married and during the time we were married he built a large amount of debt. He was in business with my parents, who remortgaged their house and put up to £60,000 into the business. My ex-husband made some stupid decisions which led to the failure of the business. I had taken out a loan for our wedding and had given him my credit cards to use for the business, as well as £4,000 I had in savings for our first son (at the time). My ex-husband, when we split up wanted to keep on our house and pay the mortgage. We didn't have any equity in the mortgage and because of the huge debts we didn't have anything to settle financially. In the last year my ex-husband stopped paying the mortgage, even though he was receiving a good salary of £34,000. The house was repossessed and because the debts I still had I had to go bankrupt. Now my parents no longer own their own house because of the business failure. I have no inheritance coming to me at all but my ex-husband will from his parents, who own their large house in South Africa. Can I claim any inheritance? Or can I advice my ex-parents-in-law to leave everything to our two sons and nothing to my ex-husband? My ex-father-in-law knows everything about My ex-husband and what he's put me through. Could I while I was going through divorce proceedings have claimed inheritance. My solicitor didn't advise me and I didn't even think about inheritance at that time.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When was the Decree Absolute and what is your ex's current financial position?
Clare
Customer: replied 2 years ago.

Dear Clare


The Decree Absolute came through in June 2011.


My ex-husband is still in a lot of debt and took out an IVA during February 2012. I'm not exactly sure if he has or hasn't breached the terms and conditions of his IVA. He is employed as a 'manager', however seems to drift from job to job frequently and without reason. He did have a very good position in a law firm called Curtis Law in Preston just this last year. During that time he was receiving a salary of £34,000. He is meant to pay child maintenance, however after my experience of only receiving £200 a month I decided to go through the CSA. He now only pays £100 a month if he can. I do not trust my ex-husband. He can be extremely deceitful and clever with it trying to cover his tracks. He constantly lies and I always seem to find out the truth. E.g. I asked him why he hadn't paid the mortgage last year. He said it was because he'd been off sick. The CSA contacted HMRC and found out what he'd earned to work out what he was to pay me in child maintenance.


 

Customer: replied 2 years ago.

ps. I have already replied to your question. I need to add that my ex-husband and I are acrimonious due to some inappropriate behaviour towards the boys last year. My only contact is by text or email if I need to ask him when he's going to be paying the child maintenance.

Expert:  Clare replied 2 years ago.
Hi
I am afraid that no claim can be made on monies that have not yet been received - so no I am afraid you cannot make any claim on his Inheritance and could not have done so at the time of the divorce.
If there has been no final financial settlement to date then technically if he does inherit the funds you COULD make a claim - but the courts tend NOT to share Inheritances received many years after the Decree Absolute
I am sorry - I know that this is bad news - please ask if you need further details
Clare

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