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inheritance and separation

  • juliette0307
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01 Sep 13 #406006 by juliette0307
Topic started by juliette0307
Needs your expertise if any is around....

My stbx has moved out a year ago now, i bought his share of the house, all is documented and signed.
I''ve applied for Decree Nisi at the court, but haven''t had an answer yet.
Should there be an inheritance coming through before the divorce is final, would it be taken into account in the financial statement (that still has to be done, even though all is signed and dealt with but only between us)

  • robinson25
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01 Sep 13 #406025 by robinson25
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My father died 6 months after my x and i seperated. My x made no claim on my inheritance if i agreed to make no claim on his pensions and our two endowments. I did agree as i used the money to buy him out and house our children. it still grieves me and it was blackmail in my book.

  • Fiona
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01 Sep 13 #406028 by Fiona
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When there is no court order settling the finances on divorce and dismissing future claims either party can claim against the other even after divorce. If an inheritance is likely the best thing is to progress the financial settlement as soon as it is practical.

Inheritances are relevant and have to be disclosed. If the "needs" of the parties can be met from the other family assets an inheritance might be allotted back to the spouse who inherited, particularly if the inheritance is recent and/or has been kept separate from the family finances. However if an inheritance is allotted back it may be taken into account as a resource available to that particular spouse when sharing the family assets.

A family solicitor in possession of all the relevant facts is in the best position to advise where you stand.

  • esox11
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01 Sep 13 #406031 by esox11
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The law on inheritance in divorce stinks.
My S2BX has seen me lose grand parents and a parent while she has all her family alive and to enjoy. She is taking full of advantage of my inheritance. If you inherite anything it will be included unless your ex decides to do the honourable thing.

If like me your Ex still has their family he/she will no doubt benefit from their passing in the future. Added to grabbing some of your family wealth then they will end up far better off than you. You have no claim on their inheritance if you opt for a final - no come back settlement.

Some times it is not best to go for a Clean Break!

  • juliette0307
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01 Sep 13 #406047 by juliette0307
Reply from juliette0307
I''m hoping to get the Consent Order through before the inheritance is sorted. It''s only little money anyway, and his family inheritance isn''t substantial either. He wil have to do the right thing anyway since he, so far, has done what i told him to do, since he has no clue on financial affairs. I don''t really want to withhold anything anyway.

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