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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Myself and my wife separated in early Jan this year, my father

Customer Question

Myself and my wife separated in early Jan this year, my father has since passed away in late April and has left his house to myself and my sister. My separated wife has now stated that she wants to claim on my part of the estate. she lives in Northern Ireland (UK) can she do this and what are my options.........can I gift my portion away for example...??
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long have you lived together and are there any children involved?
What assets and debts are there?
Customer: replied 3 years ago.

We were married in 1996, Lived together and apart (due to work) until Jan 2014. She has no debt (that I am aware of) I have some debt as I got a loan out in Oct 2013 (£4000 given to her) She was made redundant in late 2013 and received a payout of £66,000 approx and a pension of £600 per month. I am not working but receive a pension of £700 per month. We have a house but it is in her name, the house as been with us all along. There are no children involved. We were separated on the 2nd of Jan this year, I just need to know if she has a valid claim to my late fathers estate. I do not believe that this is a matrimonial asset as we had already separated and she was issuing divorce papers until she found out about my dads passing and decided to pursue me for my part of his estate. How can I avoid her doing this as she has made it clear that I must walk away with nothing from the marriage.....Can I gift my inheritance to a friend for example. As yet I have received no papers relating to the divorce whatsoever.....

Expert:  Clare replied 3 years ago.
There is no need for you to do that at all.
How much is the house worth and how much is outstanding on the mortgage?
Does she still have the money that she received?