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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34234
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 am in the process of going through a divorce and as yet a

Customer Question

i am in the process of going through a divorce and as yet a financial settlement has not been met. If i were to recieve an inheritance now even though divorce proceedings are in place does my spouse have any entitlement? if so at what point does he no longer have a claim?
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.
How long have you been separated and how long were you living together?
What are the matrimonial assets and how much might you inherit?
Clare
Customer: replied 2 years ago.

We have been seperated for 2 months divorce proceedings under way we were married for 20 years. We have a approx 25k equity in the house no other assets and the inheritance is likely to be around 160k

Expert:  Clare replied 2 years ago.
Hi
Are there any children involved?
Clare
Customer: replied 2 years ago.

yes I am at the marital home with a son of 20years and daughter of 12 years. My estranged husband is no longer contributing towards the mortgage or any bills. I am unsure whether it will have any bearing however my income was a lot higher than my husbands so my contribution towards the home has always been higher.

I would also like to know at what point is it finalised to the point that any inheritance (as not yet received) would not be considered in the settlement

Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage and what income do you each have?
Clare
Customer: replied 2 years ago.

house is worth 230k 185k outstanding however my parents loaned me 10k towards deposit.

husbands income 19500k my income 52k

Expert:  Clare replied 2 years ago.
Hi
May I ask has the person in question already passed away?
Clare
Customer: replied 2 years ago.

yes

Customer: replied 2 years ago.

May I also add that the will is still in litigation at present.

Expert:  Clare replied 2 years ago.
Hi
What is the nature of the dispute?
Clare
Customer: replied 2 years ago.

someone is contesting it and trying to bring in a previous will

Expert:  Clare replied 2 years ago.
Hi
How will that change your entitlement?
Clare
Customer: replied 2 years ago.

There is a possibility I may not receive anything

Expert:  Clare replied 2 years ago.
Hi
I am afraid your potential inheritance WILL form part of the assets to be considered by the family court and there is no longer any way of avoiding that.
However this does NOT mean that your ex will get a half share of them - or anything close.
However it will certainly mean that you will have to pay your ex his full half share of the equity in the property - and immediately rather than being able to wait until your daughter is 18.
It is also possible that you will have to pay more than 50% - but I would not expect you to be forced to share any of the actual inheritance itself
This can however only be the roughest of guides - please ask if you need further details
Clare