To settle an argument

[starone]

Picture if you can, a middleaged couple married for some years. The man's mother dies and leaves him some money. A couple of years after the couple decide to divorce. I am arguing that everything has to be divided between them down the middle. My friend says his inheritance is separate and is not counted as common goods. Who is right? £5 to a favourite charity depends on your answer.

[Psybbo]

I agree with you

[albaqwerty]

Did he put that money into the common pot?
I think, but only think, everything should be down the middle.

[starone]

It's hypothetical alba - just an argument, don't know how it started. I have consulted my friend and we have decided that he did. So would the answer be different if he put it in a separate account? I'm not telling her if it would, just curious. I shall be giving my winnings to the Macmillan Nurses and I think if she wins she will be giving it to Breast Cancer, so someone will benefit, come what may.

[gness]

My son, recently divorced thank god, had to split everything down the middle.
Personally I would have split her down the middle.

[DTCwordfan]

The answer is a muddled one and I would go £2-50 each.

The law starts with the 50/50 and yes in many EU countries inherited wealth is excluded. However, the following conditions override:

• the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future.
• the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future.
• the standard of living enjoyed by the family before the breakdown of the marriage.
• the age of each party to the marriage and the duration of the marriage.
• any physical or mental disability of either of the parties to the marriage.
• the contributions made by each of the parties to the welfare of the family, including any contribution made by looking after the home or caring for the family.
• the value to either of the parties to the marriage of any benefit (for example, a pension) which ... (by reason of the divorce) ..that party will lose the chance of acquiring."

[albaqwerty]

Mr Alba and I spent my inheritance from my late brother.
What his is mine and what's mine is me own.
Just joking!!!

Starby, will email you later xx

[starone]

Good lord, we were only asking DT. Not straightforward then! Perhaps we will give a fiver to both causes. They are both well worth it.

[boxtops]

The law says yes, unless at the time the inheritance was received it was agreed in writing by the couple that if anything happened to the marriage, he would get to keep his inheritance.

[DTCwordfan]

Oh for the joys of a pre-nup.....

[starone]

I think we will accept boxtops answer as being the easiest so I have won! Great satisfaction, but we are going to send a fiver to both charities, so it doesn't really matter.

[excelsior-1]

starbuck.

i'm delighted you have chosen mcmillan nurses.

they tended to my father and made him as comfortable as possible in the last week of his life when he died of prostate cancer -- christmas 2005.
my mother, my family and i owe them everything.

[albaqwerty]

bummer DT, I take it you were stung and then some with interest added on top?
It's from what I remember you mentioning, well, not mentioning, in other posts really.

(Sorry for off-tracking Starby)

[DTCwordfan]

true - try the USA, alba....

[albaqwerty]

I remember quite a bit, but this is not the place xxx

[DTCwordfan]

nope... :-)

[boxtops]

pre-nup doesn't help though, DT, if this money is received after the marriage. Pre-nup only details the assets the individuals take into the marriage.

[DTCwordfan]

they can define what happens to future inherited wealth though, the conditions that I mentioned taken into account. I would accept that the US is more rigorous on this than a UK court - i.e. in the acceptance of the pre-nup

[Prudie]

My OH had to split an inheritance with his wife when his Nan died even though they were already separated and had started divorce proceedings.

[boxtops]

when I split with my ex 25 years ago, his solicitor told him he could claim against my future works pension as part of the divorce settlement. He was decent enough to say he didn't want to do that.