Divorce and Inheritance-what is he owed?

[Charmie]

My partner was married for 18ys before his ex left him for another man, she was due an inheritance of �50k, this was given to her 6mths ago, he has been separated for 1.5yrs, is he entitled to any of this money? He helped to take care of her mom while she was ill and worked on the mothers property when she became disabled, He is a builder by trade.

Also she helped to create debts and never really worked much of the 18 yrs by choice and has left him with large debts, Shouldnt she be contributing to paying these back even though he is the princical name on the card. Would half of this debt be deducted from the sale of the property that they jointly own?

She has emotionally crippled him and he doesnt deserve this treatment, any ideas would be greatful on reducing his debts. thanks

[lady_p_gold]

If either of them commence divorce proceedings (which one of them will need to do to get the ball rolling) then the marital assets are like a big cake which has to be divided up between them. This cake includes debts and inheritances and finances and property etc. and they either have to decide between them how to divide it up or if they cannot decide amicably (which sounds likely) then the court will eventually decide. However once you start on this rollercoaster the legal bills can escalate, and also during this period maintenance payments might be required. The length of the marriage and the contribution of both parties will be taken into consideration, and also the status of the parties now i.e. their income and their financial needs. The debt would be taken into consideration as a minus on his side, just like her inheritance will count as a plus on hers.

[Charmie]

Thank you Lady P for your response, does that mean that as she hadnt worked for much of the 18yrs that they were married, this could be a bonus in court for him as she chose not to, they have no children.