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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33311
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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i am going through a divorce at the moment after being married

Customer Question

i am going through a divorce at the moment after being married for 24 years. My wife left me and 3 children 15 month ago. A year before we split her mother died leaving her an estate worth around £450.000. Am I entitled to any of this money. Her lawyers say I am not, as is was not part of our matrimonial assets.????????????????? but i believe i am entitled to half her estate.

Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question
Is her inheritance still help in a separate account?What other assets do you each have and how old are the children?
Claire
Customer: replied 3 years ago.

thanks for your reply. her inheritance is in her own named accounts apart from one bond which is in joint names. We have a family home in joint names and I have savings of c. £150,000. The ages of the children are 24, 21 and 19.

Expert:  Clare replied 3 years ago.
Hi
How much is the property worth?
Claire
Customer: replied 3 years ago.

£525,000

Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your questions !
I am sorry but I have bad news for you.
You have no claim on her Inheritance and it does not form part of the matrimonial assets.
It could be argued that the money placed in the joint bond can be classed as joint assets - but not the rest of it
However the fact that she has these funds available to her does effect the settlement as it means that she has no need for more than 50% of the joint assets - and indeed may get a little less than 50% if your housing needs require it
Claire
Customer: replied 3 years ago.

hi claire. i also gave my daughter some money last year so she can start to look to buy a property, and my parents some money 15 years ago. Can theses amounts be taken off my assets.?????????

Expert:  Clare replied 3 years ago.
Hi
Sorry - do you mean that your ex is trying to include these sums as part of the assets for division between you?
Claire
Customer: replied 3 years ago.

yes. she is adding these monies to my assets, and wanting a 50% share.

Expert:  Clare replied 3 years ago.
Hi
That is not reasonable as I assume that the decision to give money to your daughter was a joint one - and the gift to your parents was so many years ago
Claire
Customer: replied 3 years ago.


no claire, i gave the money to my daughter after my wife left. it is in her bank. she is 24 and a school teacher,

Expert:  Clare replied 3 years ago.
Hi
Then I am afraid that that money will have to be taken into account - although I would have hoped that assuming this is your joint daughter your ex would have been content to leave it out of the calculations
Claire

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