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ReadyLaw, Lawyer
Category: Family Law
Satisfied Customers: 2598
Experience:  Bar Professional Training Course
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I have been married for 26 years and am now considering

Customer Question

I have been married for 26 years and am now considering separating or divorce. I would like to know my financial obligations towards my husband, Simon. The house is in my name and was paid for exclusively by myself, bought outright. It is worth about £500,000. My husband has not contributed financially to the family hardly at all since he stopped contracting about 19 years ago. I have covered almost all the expenses and bills for the last 19 years. We have very little savings. About £6,000. He runs a business but it has never made any money for the last 19 years and mostly has a charitable function. He works very hard but the money he makes just about covers the cost of the business and doesn't pay our domestic bills.
We have two sons aged now 23 and 21. He has been a faithful husband and committed father but he has issues that make him rather difficult to get along with for everyone.We don't have any pension as we never had funds to put into one due to Simon not earning. My father is leaving me half of his wealth in his will which is what I had anticipated using in lieu of a pension. He is 88 and in good health at present. My husband is 62 and not in good health but still works long hours. Would Simon be entitled to share this inheritance when my father dies , whenever that will be?eb I would be grateful for your advice.
Submitted: 13 days ago.
Category: Family Law
Expert:  ReadyLaw replied 12 days ago.

Hi, welcome to JA, I amCustomerone of legal experts here. My goal is to provide you with the best experience possible and answer any questions which you may have about your current situation. I may not respond immediately, this is because I may need a few minutes to read what you shared above, type and respond to you. Feel free to ask any follow up questions as needed until you are satisfied.

Expert:  ReadyLaw replied 12 days ago.

Thanks for your patience and enquiry.

Inheritance is treated differently based on what stage in separation you are in.

If you were to separate now and enter into a clean break order, then your inheritance would not be a part of the matrimonial pot. So your husband could not in the future claim an entitlement to your inheritance.

If for example you were to separate and not have an order put in place with respect to finances by way of the clean break order, then your husband could in the future make a financial claim against you.

It is recommended therefore that if you were to separate now that you ensure that an order is put in place with respect to your finances. Future inheritance are not considered part of matrimonial assets.

What if you were to get the inheritance now? It is not automatic that it will be considered matrimonial asset. Whether this is the case, depends largely on how the asset was treated by you. For example, if it was put into a joint account or used for the maintenance of the joint home or used jointly by yourself and your husband then it would be treated as a matrimonial asset. However, if the inheritance is kept separately then it could be argued that it is not a matrimonial asset.

Can I clarify anything for you? I hope I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 12 days ago.
Thank you so much that was very helpful. Could you also let me know about the house. If I were to sell the house we now live in would part of the proceeds be his? Even though the house is in my name and was paid for by me?
Thank you.
Expert:  ReadyLaw replied 12 days ago.

Although the house is solely in your name and being paid for by you, he may still successfully apply for an interest in it as it was acquired during the duration of the marriage. You may however be able to argue that he would not be entitled to a 50% interest in it however.