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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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due to my dads death i receivd £107.000.00 in my dads will

Customer Question

due to my dads death i receivd £107.000.00 in my dads will and payed off £60.000.00 on our £127.000.00 mortgage and the rest went on loans that we owed.my wife and i are splitting up what is she intitled to as we have joint mortgage?
we have £6000.00 in our joint account and she has taken half out the reason i ask is because all the money put in was from my dad to me.
Submitted: 4 years ago.
Category: Property Law
Expert:  Stuart J replied 4 years ago.
Please give me the following information.

What is the house worth?

How long together?

Other assets or pensions, savings, etc?

Both incomes?

Do you have children?
Customer: replied 4 years ago.

£132.000.00 house is worth


 


married for 5 years together for 8 years


 


savings of £6000.00 but my wife has taken £3000.00


 


my wifes income is about 1200.00 a year after tax


 


my income is about 1800.00 a year after tax


 


we have 17 month old boy

Expert:  Stuart J replied 4 years ago.

Do you mean incomes of £12k and £18k?

Not 1.2k and 1.8k?

When did yr dad die?

Is she saying she is entitled to half Dads money and half of it which is in the house?

Thanks

Customer: replied 4 years ago.

12k and 18k


 


my dad died 21/05/2010


 


yes thats what i think she is planning

Expert:  Stuart J replied 4 years ago.


Thank you,

She might need to rethink her plans! She is not automatically
entitled to anything in respect of the inheritance provided there is other
money around to look after her needs. Please note that it is not a case of
equalising incomes but looking at all her income, benefits etc and looking at
your income, (post separation), to see if she has enough money to live on.



This article explains a little more http://www.marilynstowe.co.uk/2011/05/18/what-happens-to-an-inheritance-in-the-event-of-divorce/



as you can see, each case is looked at on its merits. But she is
not automatically entitled





Can I help further?

Customer: replied 4 years ago.

no thank you

Expert:  Clare replied 4 years ago.
Hi
I am afraid that the fact that the money that was used to pay off the mortgage means that it became part of the "Matrimonial assets" - the only part that did not was the £6000 in the bank account.
Accordingly your ex still has the same claim on the matrimonial home that she would always have had and the fact that you paid off the debts is unlikely to make a major difference to the eventual settlement - although it does mean that she is unlikely to get more than 50% of the equity when the house is eventually sold - which may not be until your child is 18
Claire