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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
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 husband and I have been married for 13 yrs. We have some

Customer Question

My husband and I have been married for 13 yrs. We have some savings which his parents gave him. My dad died and left me £25000.00 all monies are in our joint savings.
His parents gave him 25k
If we were to divorce would he be entitled to half.
I wouldn't want any of the money his parents have given.
Things are not great, obviously, so wsnt to project myself.
Submitted: 9 months ago.
Category: Family Law
Expert:  Harris replied 9 months ago.

Hi, thank you for your question. Given the long marriage, there would be strong argument for the court to divide assets between you equally, unless either of you can demonstrate an increased need over the other - for example if one of you is the main carer of the children your needs would be higher and you would have grounds to seek a greater division in that case.

For your information the criteria considered by the court in these matters is:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Expert:  Clare replied 9 months ago.

My name is ***** ***** I have been a solicitor for more than 35 years.

I do not entirely agree with my colleague that a 50?50 split is inevitable although there is a risk.

As a starting point move the inheritance from your joint savings to an account in your sole name - this will make it easier to argue that the money should be treated differently.

The main issue for the courts will be using the assets to meet the housing needs of each of you.

If there are sufficient other assets to meet these you may be able to keep most if not all of your inheritance