inheritance after leaving husband

[samanthaxxx]

I left my husband in nov 2005 after twenty years of marriage and just after I left he recieved a large inheritance from his mothers will. I moved out of the family home into a small flat just down the road and our teenage daughters stayed in the family home. I have recieved a letter from his sol this morning saying that I wont be entitled to any of the inheritance because he got it after I moved out to live with another man (not true) I began a relationship with my new partner after I left my husband and he moved in 5 months later. The sols letter says that the courts would be unlikley to take this money into account particularly because of my desertion of him and the children to live with another man. This upsets me as I never deserted my children I see them all the time. Can someone let me know what the likley outcome would be if I pursued this to court I live in the uk by the way.

[bednobs]

i dont know much about the law, but surely common sense would say the solicitor is right. You dont want anything more to do with him except as the father as your children, therefore that includes money. Look at it this way ... if you had won the lottery or got an inheritance, would you expect to give any to him? Wouldnt you be a bit miffed about that?
ok, so its a ****** but tough luck! it was your choice to leave him, so i presume you wanted to not be tied to him in any way

[NORMANTHEDOG]

you greedy sod

[themas]

The law may see it differently from what bednobs says.

You don't say whether you are yet divorced but if you are not the financial settlement should come into the divorce. If you & your ex can't agree the decision is made by the judge (but this can be very expensive in legal fees for both you & your ex).

It is not necessarily the case that you have no claim (although it may be difficult to achieve) - the inheritance is an asset of the marriage if you are still married. The solicitor is working for your ex, not you. You need your own solicitor if you want to challenge this.

[Myriad2112]

I'm afraid I have to agree, maybe if he'd have left you with a mortgage to pay and children to provide for then I would think you might have a change but as it is I don't see why you should get anything, after all it's HIS mother's money, not yours.

[gina32]

it may have been his mothers money but surely if she left it to you then she wanted you to have it, usually when someone dies and they leave a will if they hadnrt wanted it to go to you they would have put a clause in something like, x amount goes to freda bloggs on the condition that she is still married to my son fred bloggs? i would get legal advice. why has it taken so long for the solicitor to contact you, surely the will should have been contested at the reading??

[Myriad2112]

Your not reading the question properly. The mans mother is hardly likely to leave money to a separated daughter in law is she? She obviously left it to her son after the women had moved out!

[gina32]

excuse me but i DID read the question, is it not possible that the two got on well and that she did leave the money to her estranged daughter -in law, believe it or not it does happen, just because a couple fall out doesnt mean that all ties with the family are severed

[Myriad2112]

Then if that was true she wouldn't be thinking about contesting the will - stupid

[gina32]

people do take inheritence to the courts if they think its wrong, i.e her ex husband thinks its wrong because he's got in for her, and she is just retaliating by going as well, by the way you nothing nothing about me so keep your pathetic names to yourself

[bednobs]

ok the question says the ex was left something in his mothers will. does that make it clear ladies?

[gina32]

im just giving my opinion, not childish name calling

[Myriad2112]

What are you on about? It's not a case of who is doing what for whatever reason. She wants to know the likely outcome and if the inheritance was in his name then it's his to do what he likes with. f however it was left to the pairr of them then we wouldn't be talking about it

[gina32]

exactly, so if it was left in his name why has she got it and why has it taken 2 years to get a lawyer onto it

[Myriad2112]

She hasn't got it, she just has a letter saying she's not entitled to anything

[Stu Dent]

It depends on whether or not inheritance money can ever be 'matrimonial property'. In Scotland it can't be. In addition it was acquired after you stopped cohabiting so again, it cannot be matrimonial property. If the law is the same in England/Wales you have no right to this money.

[Myriad2112]

Who are you calling a lady?

[NORMANTHEDOG]

grow up you lot

[Myriad2112]

kn0b off norman

[plowter]

Surely there are two points at issue here? Was the inheritenace due to the husband or to his family? Did the wife leave the relationship before the windfall payment?

Whatever, you would be entitled to consider a claim for maintenance for yourself and any children. If the ex-husband received a large windfall it woud be difficult for him to argue that he couldn't afford maintenance to his ex-wife and children.

You would, of course, have to clarify your position over the alleged desertion.

[PortlandBill]

Chances are you will get nothing except a solicitors bill. The inheritance was post the breakdown of the marriage and came from his mother not yours, and the courts would take into account your 'desertion' and the fact that your daughters remained with the husband in the family home so presumably he was paying his way there. Your later relationship would also imply that you have gained a measure of independance from your former spouse so you would unlikely be due an alimony. If he has a pension though there are laws about you receiving your share due to the 'support' given during marriage contributing to the accumulation of his pension pot. This applies even if he remarries, first wife still gets a cut. Not necessarily fair in my view but hey.