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Inheritance after filling for Divorce

Posted by Owenmc1984 
Inheritance after filling for Divorce
October 11, 2021 07:35PM
Good Evening,

My brother in law is going though a divorce, he has been living away from the material home for about 10 months and has filled for divorce within the last month. Sadly his father has recently died, which came after the filling for divorce.

Can someone please advise where he stands in terms inheritance and if his wife has any claim to his inheritance?

Any help would be great.

Thanks
Owen
Re: Inheritance after filling for Divorce
October 12, 2021 11:34AM
She may do, yes, but whether she does or not very much depends on factors such as the length of the marriage, whether there are any dependent children and the needs and resources of each spouse. In principle an inheritance received after the marriage has effectively ended is not a matrimonial asset but courts can still take it into account if the circumstances justify it. Consider these two very different situations.

1. Husband and wife each earn £50K per annum, there are no dependent children and the only joint asset is the matrimonial home worth £500K free of mortgage. Husband inherits £50K after a divorce petition has been issued and the marriage has ended. This husband will almost certainly keep his inheritance and the wife will have no claim upon it.

2. Husband earns £50K, wife earns £10K, there are two dependent children aged 5 and 7, the matrimonial home is worth £250K subject to a mortgage of £50K. Husband inherits £500K after a divorce petition has been issued and the marriage has ended. This husband will not keep all his inheritance. At best he will have to part with £50K of it so that his wife and children can live in a mortgage free house. Indeed since this outcome still leaves him with £450K compared to the wife's £250K and she earns much less and has the care of two children I think the husband would be doing well in this case if he only lost £50K from his inheritance.

The facts and figures are everything.
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