Will My Wife Be Entitled To Part Of My Inheritance When We Divorce

[winkyridg]

My wife and I have been seperated and living apart for over 3 years now, my mum passed away last year and i am due to receive money from the sale of her house, I want to divorce my wife but wondered if she would be entitled to stake a claim on my inheritance? Thanks

[dzug2]

She will be entitled to a share of your combined total assets as agreed between your lawyers or determined by the divorce court

So yes, in a word

[trt]

I hope Dzug is wrong Winky for your sake and common sense.

Why should you have to share your inheritance with somebody you haven lived with for 3 years?

The law should be changed.

[ubasses]

This site gives you some guidelines, but will depend on the overall circumstances, might be worth a read until one of the legal experts on here is available.
There is the option of having an online chat in the link.
http://www.bbc-law.co.uk/legal-news/inheritance-and-divorce/

[zebo]

Do you not have a sibling who can be trusted with your future share until after the divorce?

[ladybirder]

There is a divorce taking place in my family at the moment where one party has recently received an inheritance. It is as dzug2 has written, all assets, monies and whatever, from wherever they originated, go into the pot and get divided equally between the two parties, including any pension pots. I must add that children are involved in this case so I am not sure if the same applies where there are no children to be considered. Oh and the marriage was also a long one, over 20 years.

[woofgang]

zebo, I have a feeling that would be fraud.

[woofgang]

It my understanding that the joint resources are not always divided equally...it depends on the circumstances of the parties involved.

[ladybirder]

Winky I see you have already asked this question three times, first time in 2014 I think. Have you got the inheritance money yet?

[EDDIE51]

If you divorce and after the divorce , even after the divorce has been made absolute, the financial situation of one of the parties 'substantially changes' then the divorce settlement can be changed to reflect the new situation.
I have seen that stated on here many times.! I have also seen items in the news where someone has inherited or won a lot of money after divorce and the ex partner has grabbed a share.
So I am sure the answer is yes your wife can be entitled to a share.
But of course if she inherits or wins a fortune you can grab some of her cash ! It applies both ways!

[EDDIE51]

As you have not yet divorced and you already know you are due to get money from an inheritance the answer is 'Yes', It will be taken into account. If the divorce is before the inheritance arrives then it will be taken into account and when you get it your (ex) wife will get her share when it arrives.
You can't get out of giving your wife her share as you are still married and the inheritance is 'in the pipeline' so it forms part of your assets which will be shared on divorce.

[fadeout73]

No, because the date of separation is prior to you receiving it! It's assets at the date of separation that are taken into account. Even at that, inheritance doesn't form part of matrimonial property.

[Prudie]

fadeout that is not true and gives false hope. I have been personally involved when an inheritance from the man's grandmother had to be shared with his wife from whom he was separated and divorce proceedings already in full swing when she died (gran).

[woofgang]

sorry but I agree with Prudie.

[EDDIE51]

I disagree winkyridg has already been informed that he is due an inheritance. The fact that it has not actually been paid out yet is not relevant.
fadeout and woofgang your scenario would apply if for example. winkyridg got a divorce and then got UNEXPECTED money from a lottery or premium bond win for example. In this case he already knows he has got the money but it just has not been handed over yet. The money WILL form a part of his assets when the divorce comes through!
I am 100% certain of this !

[ubasses]

This is from the link I posted to a Firm of Solicitors.

Inherited assets received shortly before the breakdown of the marriage are less likely to be included in the matrimonial assets for division, depending on whether the other assets are sufficient to meet the couple’s or family’s future needs
the needs of the family, especially where there are minor children, will be the overriding consideration and if the only way to meet those needs is by transferring inherited assets or assets deriving from them, to the other party, the Court may do this.

Nothing is ruled in or out. It is based on individual circumstances.

[Islay]

You are still married therefore you spouse would be entitled to a share under the division of assets during the divorce.

[woofgang]

ermmmm EDDIE I agree with you and said as much

[EDDIE51]

ubasse, what your post says in plain language is that if one of the partners was already rich enough not to need the other partners inheritance money, then it could be ignored but otherwise they will get a share.

[EDDIE51]

Sorry, woofgang yes you did agree . It is getting confusing with posters giving the opposite information and quoting each-others answers.
I actually know a case where a couple had been separated with no contact at all for over 10 years but never bothered to divorce. The wife somehow got hold of the fact that the husband had recieved an inheritance and came 'out of the woodwork' and put in a claim, he ended up being forced to give her 50% of all he had been given!

[Barmaid]

The correct answer is that there is no right answer. It will depend on the facts. It might well be that this inherited wealth will be excluded. On the other hand, if there is little else, it may well be included. You are going to need expert legal advice and soon.