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What are we each entitled to in our divorce settlement?

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inheritance

  • mamascookies
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27 Aug 12 #352170 by mamascookies
Topic started by mamascookies
Hello to everyone out there,
im not sure if this is the right place to post this question.
In the next few months i am due to receive some inheritance from my late father. My question is that can my ex wife try and get her claws on some of that money. We are divorced (Decree Absolute ) over 2 years ago but have no financial agreement because she refuses to agree to anything unless its all in her favour. No children are involved.
Many thanks for taking the time to look and i welcome your views.

  • redwine47
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27 Aug 12 #352244 by redwine47
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I m Seperated nearly 3years &still sorting financial settlement.

My mum died last year and within weeks stbx legals were demanding copy of the will & details of my inheritance (there was none as my father is still alive).

I believe had I received inheritance they would have asked it be taken into consideration but I believe only if there was not enough funds for fair split.

Other more experienced wikis will advise.

Sorry about ur father its awful during probably an already difficult time.

Best wishes.

  • LittleMrMike
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28 Aug 12 #352263 by LittleMrMike
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Redwine''s not far off.

If an inheritance has actually been received then it can form part of the assets available for redistribution.

If the inheritance was received a long time ago the Courts may be more likely to assume that the inheritance was subsumed in the family finances.

The fact that property was inherited is not irrelevant and may mean that the Court might be more reluctant to take it into account but if it is necessary to take it into account to produce a fair result then this might be done.

It is unlikely that the Courts would take an inheritance into account until it had actually been realised. Wills can be changed.

My experience on wiki is that many parents are becoming increasingly aware of the possibility that money left to their sons or daughters could be taken by a divorcing spouse.

LMM

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