Inheritance money

[jasmin26]

Hi wonder if any one can answer this on behalf of a friend of mine. She was married 25 years and last year her husband left her for another woman. Her mother has since died and she stands to get a relatively small amount from the sale of her mothers house. Her husband is saying he is entitled to half of what she gets, is this correct ?

[boxtops]

Are they divorced? If so, all this should have been sorted out in the divorce settlement. If not, I would nip round to a solicitor pdq to get advice on this.

[factor-fiction]

I understand that if there is a divorce settlement all money and income will be considered in deciding the settlement terms

[jasmin26]

No they arent divorced yet.

[boxtops]

OK ^^ - tell her to get to the solicitor tomorrow.

[jasmin26]

Ok thanks Boxtops i will pass that on to her.

[boxtops]

I don't think he'll be entitled, if the legacy is made from her mother to her alone, but she needs expert advice - all assets can be taken into consideration in a divorce split (IMO).

[Prudie]

I agree - if she's not yet divorced get her to the solicitors quick. I know my partner had to give his wife half of the money he inherited from his gran who died after they split up but before their divorce was final. Seems very unfair I know.

[dzug2]

If they are not divorced he is entitled to have the inheritance considered as part of the divorce agreement. That doesn't necessarily mean half, but that will be the starting point.

[fadeout73]

Not sure about the law in England, but in Scotland inherited funds would be excluded from matrimonial property for division and she would be receiving the funds after the date of separation (relevant date).