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Probate entered before separation in the pot?

  • scharkham
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  • New Member
12 Feb 21 #515796 by scharkham
Topic started by scharkham

I am going through divorce proceedings with my ex and we are going to our first in person hearing in March.

We have been separated for over two years.

In July before we separated my ex's father passed away and she was left part of his estate and assets in the will.
We separated at the start of November and no details of probate had been filed, we went to mediation and my ex was shocked to hear that the inheritance money could be part of the pot as the other assets to not fulfil both our needs.

The revealing and submission of probate was then delayed purposelyby her for over two years, I believe with the view that the longer she leaves it the less likely it is to look like it was part of the assets.

The probate has also been massively undervalued and elements hidden in my opinion so it looks like she does not have much coming.
It is a large interitence with contunied income and assets if the real value (not probate) is looked at. It will more than support her and the children for the rest of her days (she is in her 40's now and also works) but she seems to want to exclude that, claim poverty and take a large proportion of the matrimonial pot, I do not have any other income or assets stream other than work so it seems unfair and I am just looking for 50/50 on the house and to keep my pension as she has the other assets. She has the kids more than me so will be looking for a large proportion of everything, I do have the kids every other weekend and Tuesday's every week but her having them more has led to her getting advice that she could get 70% of the house. I pay child maintanance in line with the CSA.

Has anyone had any experience of this scenario where she has got some inheritance coming and her father passed away 4/5 months before we split? I believe a main driver to split at that time was that she had this money/assets coming and she did not need me for that anymore, otherwise she would have done it before.
I believe this would be part of the matrimonial pot and hopefully the court will see that what I offer in return is a fair shout as she will be fine in the future.
The inheritance has been undervalued so if part of the pot it should be revauled by someone independent so the court and everyone has a fair view.

Any feedback or advice would be much appreciated.

  • hadenoughnow
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  • Moderator
  • Moderator
13 Feb 21 #515798 by hadenoughnow
Reply from hadenoughnow
The Inheritance is not necessarily a matrimonial asset as such. It has not been mingled in the family finances. It is something to which she has recourse to meet her needs if the assets of the marriage are insufficient. So it is not something that would automatically be in the pot to be shared but it should be fully declared and considered when working out how assets should be divided to meet your respective needs for housing and income, now and in the future.


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