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Getting Divorced – What About My Inheritance?

Christina Cree

Updated: Apr 15, 2024

The treatment of inherited assets is often an issue in divorce proceedings. Should a spouse who has inherited assets or due to inherit assets automatically be able to retain those assets for themselves?

The Court need to consider the following:

  1. When was the inheritance received?

  2. How some or all of it has been spent?

  3. The value of the other assets in the marriage?

  4. Is there enough money within the marital pot to be shared between you and your spouse.

Your solicitor will want to try and argue that the inheritance is non matrimonial asset, this means that it should not fall into the ‘matrimonial pot’ of assets to be divided between you and your spouse.

However, if the inheritance has been spent and used throughout the marriage to pay for example the mortgage then it can be argued that the inheritance has become intermingled within the marital pot and could be argued that it is available to be shared between you and your spouse.

When looking at the division of the matrimonial assets the Court will consider the assets that are available at the time of the proceedings and not at some undetermined date in the future. The Court do however have a duty to consider what you or your spouse’s current or future needs are. If a relative is unwell or likely to pass away soon the Court may take into account your future inheritance prospects. But this will depend on factors such as, is the inheritance due to come through a Will and has the person died or are they still alive? A person can change their Will at any time if they are still alive. The Court will be overly cautious about dividing marital assets based upon uncertain inheritance prospects.

The Courts view is that inherited assets shall be viewed differently from matrimonial assets on divorce, but only where both parties’ needs can be met out of the matrimonial assets alone. In other words if there are insufficient other assets to meet the needs of both parties and the children, the inherited assets will need to be shared.

The experienced team at HMG Law will be able to advise you in relation to financial settlement on divorce, including how inheritances are deal with. An initial consultation is only £120 plus VAT. Call us today to arrange a meeting.

HMG Law Family Solicitors Oxford and Bicester

Giving legal advice personally when you need it most.

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HMG LAW LLP is a limited liability partnership No OC331458 registered in England and Wales and is the successor practice to Herbert Mallam Gowers. A list of the members can be obtained from One St Aldate's, Oxford OX1 1DE. HMG LAW LLP is authorised and regulated by the Solicitors Regulation Authority - SRA number 00469833. The VAT number for HMG LAW is:  GB 1946317140. HMG LAW LLP has published this site in good faith and has taken reasonable care to ensure that the information provided is accurate. However, the information, including any articles and publications, are for general purposes only. Neither HMG LAW LLP nor any of its partners or staff accept any liability for any loss or damage arising from reliance upon information and materials appearing on this site or on any linked site unless the matters relied upon have first been confirmed in writing; in which case, and to the extent that the law permits, any liability shall be solely that of the Firm.

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