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marcusmalin
marcusmalin,
Category: Law
Satisfied Customers: 2499
66642005
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My husband and myself of 45 years do not live together

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My husband and myself of 45 years do not live together however we have never got a divorce, my father in law has recently passed away, would I be entitled to half of my husbands inheritance, my husband is currently living with someone else
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No nothing
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: i live in Leicestershire,Market Harborough
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don’t think so

Hello, my name is Marcus.

Can I ask when did you separate and have you agree financial matters yet being the division of marital assets.

Thank you.

Customer: replied 7 days ago.
Hello Marcus, my name is ***** ***** have never divorces or even legally separated, my husband is currently living with someone else in her house and has a child with her aged 14 years, I live alone and do not have a partner, our son was killed in 1998, my husband has lived with someone else since this and has returned to live With me for a short while and gone again, I am trying to find out if because we are married I would be entitled to half of my husbands recent inheritance from his father

Hello Shirley,

Firstly I am so sorry to hear about your son. It is truly tragic for you to have lost him.

In reality it may be difficult to make a claim against the inheritance on the basis that you have been separated for such a long time. It would therefore not be considered marital assets.

However I asked if you have dealt with any marital assets that you may have with your husband. Reason being is that if you have not you may be entitled to a greater division of any assets you own with your husband on the basis that he has the benefit of the inheritance.

Further you could potentially claim against inheritance if you can demonstrate a financial need.

So in short the inheritance would normally be ring fenced as a non-marital assets due to the time in which you have been a part unless you can demonstrate a financial need.

Alternatively you could claim a greater division of any marital assets that you own with your husband on the basis he has the benefit of the inheritance.

Who owns the house in which you live.

Customer: replied 7 days ago.
I live alone in a housing association property, my husband lives with his female friend in her part ownership property,

Do you know how much the inheritance was....

Also do you have any inheritance prospects.

Customer: replied 7 days ago.
I would say approx in the region of twelve hundred thousand pounds, I have no inheritance prospects, my husband is one of 6 brothers.

Hello,

That being the case sadly you are unlikely to have any claim.

As I say the time elapse since separation is significant so it would not be considered marital.

Further although technically you could try and make a claim through the courts it would not be cost effective to do so in light of the amount of he opposed such a claim.

I am sorry my advice could not be more positive.

Thank you.

Marcus.

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