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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Good AfternoonMy questions: It's highly likely that having

Customer Question

Good Afternoon
My questions: It's highly likely that having been married for 25 years + my wife and I will shortly be separating which could lead to divorce
Her mother died in July last year and probate has been granted, her property has just been sold, she won't tell me the value of her portion of the estate other than that she will give all the proceeds to our 2 grown up children, this of course could be a ploy
12 years ago, my father died and my share of his estate is either in premium bonds, joint savings or in single savings accounts, this may not be relevant but I don't think in this regard she is being fair to
So in summary, could her share of her mothers estate form part of any settlement between us, and if not, can I take off my share of my fathers estate in the settlement?
We have a house with no mortgage which I would not be able to keep on and pay her share, I'm 60 and she is 54, she is working full time
I have been drawing my company pension for several years now, can she claim any of this?
Thank you for your help
Submitted: 2 years ago.
Category: Law
Expert:  Harris replied 2 years ago.
Hi, thanks for your question. Inheritance is not automatically considered a matrimonial asset and there has to be evidence that it has been brought in to the matrimonial finances for it to be considered. Initially the court will consider the matrimonial assets to see if your needs and her needs can be met, and if not the court will then consider her inheritance as part of the financial settlement. In relation to your father's inheritance, this was 12 years ago and the court will assess whether this has been brought into the matrimonial assets.Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you