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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35054
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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my wife and i are seperated the house we own is 50/50 but my

Customer Question

my wife and i are seperated the house we own is 50/50 but my mother died leaving her home speciffically in her will as 2 thirds to me and one third to be slit between my 2 children does my wife have any entitillment to this property
Submitted: 5 years ago.
Category: Family Law
Expert:  James Mather replied 5 years ago.

Are you legally seperated or simply living apart? Is there any financial court order?

How long were you together and how long married?

Are you divorcing? What other assets, houses and savings do you have?

Customer: replied 5 years ago.
We are simply living apart.
No financial cout order
26 yrs married
Joint owners of a house no mortgage
At this point not thinking of divorce
Minimal financial assets i, savings etc
Expert:  James Mather replied 5 years ago.

There is no hard fast rule but generally, if the
estranged spouse is financially adequately taken care of with the other marital
assets, she will have no claim on inherited wealth.

The answer therefore, is that she has a potential claim
but no absolute right. This article will explain a little more

For this reason I would suggest that you had a legal
separation or divorce and a consent order agreeing finances to draw a line
under it. If that had already happened, she would not have had a claim

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Expert:  Clare replied 5 years ago.
Are you keeping your mother's house or selling it?
How old are the children and what are the two properties worth?