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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 26822
Experience:  Senior Partner at Berkson Wallace
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Im looking to leave the marital home. I have inheritance

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Hi im looking to leave the marital home. I have inheritance from my father...would my partner be entitled to half of it?
JA: Was the home purchased during the marriage?
Customer: No
JA: Were any marital funds used for the mortgage or property improvements?
Customer: Yes
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My partner bought our house before we met. My name isn't on the mortgage but i have contributed to the bills and upkeep. I always wanted to know if I'd be entitled to anything out of the house?

Hello. My name is***** you for the question.

It is my pleasure to assist you today.

I have been in the legal profession, in High Street practice, for almost 30 years so I have wide range of experience in a great many different aspects of law.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Although I am shown as online, I may be dealing with other people, on the telephone, or typing.

Please be assured that you will receive an email once I have written a reply.

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I apologise in advance if you suffer a delay.

Kind regards.

Customer: replied 14 days ago.
Ok

How long have you been together and married in total?

did you have your financial input written in deed of trust?

any children under 18?

do you wish to start divorce proceedings?

Stuart J and other Family Law Specialists are ready to help you
Customer: replied 14 days ago.
12 yrs together. 10 married.
I dont know about the deed in trust so I assume not.
No kids
Yes please
Customer: replied 14 days ago.
Hi do you know when I will be expecting the call please?
Customer: replied 14 days ago.
Hello? I really need help and ive only a small window when he's not around

I see my colleague has already spoken to you so let me just give you my reply also. All is good to have 2 responses.

You refer to your partner but then talk about the marital home. That’s confusing.

I assume that you are married and you’re referring to a spouse rather than partner.

It’s the marital home and you are free to come and go as you like.

It doesn’t matter if the house is in one name or the other name or both names, the financial interest in the property is exactly the same.

Would you be entitled to anything from the house? Certainly yes.

Would he be entitled to any of your inheritance? Possibly.

What will happen with regard to the division of marital finances is that everything will be lumped in together including pensions. With regard to pensions you will need a Cash Equivalent Transfer Value (CETV) which converts the pension to a lump sum for the mathematical calculation. You cannot get hold of that money but it converts it to a theoretical cash equivalent.

All the value of the assets are then lumped together and there is a division which starts off at 50-50 and it would then be adjusted in favour of one spouse or the other spouse depending on the needs of the parties, how long they have been married, where the money came from, et cetera et cetera.

Not just the length of the marriage would be taken into account but also any length of time together before marriage because it would be unfair if the couple were together for 29 years and only married for one year before splitting up (not uncommon) to be treated in the same way as a couple who had a whirlwind romance got married, were married for 12 months, and then split up. So the whole length of the relationship would be taken into account.

It’s largely a mathematical thing but does look at needs after divorce.

Even if everything is being divided down the middle, it’s not really a case of dividing it down the middle, all the assets wouldn’t be split 50-50 but, for example one person may keep the house and the other for example could have the savings and the pensions.

With regard to your inheritance, here is an article on that subject:

Here is an article on exactly this subject:

https://www.stowefamilylaw.co.uk/blog/2011/05/18/what-happens-to-an-inheritance-in-the-event-of-divorce/

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart