Inheritance and Divorce

[Kenny shaw]

Hi guys,
Just received divorce papers from wife.
I also received some inheritance from my deceased parents.
My question is,is my wife entitled to monies from inheritance?
Thank you.

 

[NewEdition]

I imagine it depends on which came first and the contents of the divorce terms

 

[Thirsty]

Do you have a judicial separation in place?

 

[Kenny shaw]

No

 

[Gordon Gekko]

I think you need legal advice.

My understanding is that the inheritance is relevant because there’s no legal separation or divorce yet.

 

[Thirsty]

All assets are included in the settlement discussions.

If your former wife has started divorce proceedings, then I take it that you have been living apart for the last 4 years?

Are there other family assets? Family Home? Pensions? Do you have children?

 

[Kenny shaw]

Do you have a judicial separation in place?

No

Do you have a judicial separation in place?

No

All assets are included in the settlement discussions.

If your former wife has started divorce proceedings, then I take it that you have been living apart for the last 4 years?

Are there other family assets? Family Home? Pensions? Do you have children?

We are not divorced.
I've only received the proceedings.
We live together

 

[Gordon Gekko]

Then it’s all on the table and all up for grabs.

The case of ‘G versus G’ did provide a degree of insulation against ‘second bites of the cherry’ but you’re not even past the first bite.

 

[Thirsty]

Ok, so you can't start proceedings for divorce untill you have lived apart for four of the last five years.

You can however seek separation, even if living at the same address, provided you can show you have lived separate lives for at least one year.

You didn't reply in regards to children, or if you own your own home.

In any event, to answer your question; all your assets are joint assets and that includes the inheritance.

 

[Purple]

Ok, so you can't start proceedings for divorce untill you have lived apart for four of the last five years.

That's 2 of the last 3 years now.

 

[zsuzsa]

You can live apart in the same home, by the way.

 

[Thirsty]

You can live apart in the same home, by the way.

As before - you need to be able to show that you have been leading separate lives, even if sharing the same address.

That's 2 years now.

has that finally gone on the books? I know it was in the pipeline for a while.

 

[Thirsty]

[broken link removed]

This still says 4 out of the last 5 years; Family Law Act is dated from 1st Dec 2019. Time they got up to date.