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Kazy

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Subject: How do people sleep at night ! Posted: Thursday, December 5, 2013 - 12:54:15

Hi Please bare with me on this one will try to keep to facts! Three weeks after my Nan died & my Dad is due to get inheritance from the sale of her estate my step mum announces she wants a divorce & issues the proceedings. My dad is due to see a sol but just wanted a few other opionions on situation. He started co habiting with SM in 1992 the house being only in my Dad\'s name they got married in 1999 & her name was added. My Dad has paid all mortgage payments, bills etc she only paid for food. Untill 2002 when my dad again paid everything inc. giving her 300 for food when she retired. My Dad also has a pension that he ceased paying into before he met my stepmother. My Dad\'s pending inheritance is based on his brother vacating the property (that he is reluctant to do, which is another story) that was owned by my nan & shared 50/50 between him & his brother as per will. There are no children involved, but my SM is putting pressure on my Dad to pay her out as they are still living under same roof. My Dad wants to keep the house but needs my Nan\'s money to settle the divorce to be able to do this. I am very worried about the stress of all this on my Dad he is 66 & now faces the prospect of losing everything. I am trying to support him in any way i can & would appreciate any advice.

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evr

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Posted: Thursday, December 5, 2013 - 12:54:15

You might think it seems unfair, but your dad and his wife have been together as man and wife for 15 years, and married for 8 years. It isn\'t his money that he lets her have, its their money. As his wife she is entitled to half their joint assets Whether or not his inheritance will be included in the \'pot\' probably depends on the size of the assets available without it.

EnglishRose

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Posted: Thursday, December 5, 2013 - 12:54:15

Also if he gest on with the divorce the inheritance I don\'t think counts because it\'s when you get money that counts. But I might be wrong. It took 2 years to wind up my mother\'s estate.

Joyce.

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Posted: Thursday, December 5, 2013 - 12:54:16

Yes - divorce is crap. Divison of assets is not meant to be fair - it\'s just an arbitary set of rules that vary depending on which juristiction applies when you divorce. So for exmaple, in Scotland, your dad\'s ex would not be entiteld to any share of any inheritance he recieves, whilst in eng/wales it would go into the pot... The points you make about who paid for what, that he earnt the pension prior to meeting her etc., may be valid moral ones - but I\'m afraid they count for nothing in divorce law. In fact, it kind of works the opposite way. The more pathetic and useless a partner is, the more they are entitled to claim. A 50/50 split of assets would be the basic rule - doesn\'t sound like there is much room to depart from that here. Sorry.

evr

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Posted: Thursday, December 5, 2013 - 12:54:15

joyce, that isn\'t right. In England an inheritance can be excluded from the marital pot if a division of assets enables both parties to be housed without it. As ER says, this is a house that has been bequeathed, not cash, and there is a sitting tenant who also inherits. Therefore it may well be excluded.

sometimesitdoesn'twork

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Posted: Thursday, December 5, 2013 - 12:55:03

Yes, in E&W inheritances need to be disclosed but when everyone\'s needs can be met from the other assets and an inheritance has been kept separate from family finances (particularly when the inheritance was recent) it\'s usual to allocate it back to the party who inherited.

EnglishRose

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Posted: Thursday, December 5, 2013 - 12:54:15

But do distinguish between a future hope of inheritance and inheritance during the marriage. In E&W the fact you might get your mother\'s house in 20 years time is irrelevant or even if she dies 1 year after the finances are sorted out. The interesting point here is the death has occured and the will is there - although will variations are possible after death as we did with my mother. SO I suspect if it is needed for a hair split and so both are housed in this case it may be included.

Martin

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Posted: Thursday, December 5, 2013 - 12:54:15

Also a pension fund contributed to before marriage is NOT a marital asset.

Joyce.

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Posted: Thursday, December 5, 2013 - 12:54:16

Yes - agree with ER about the need to use the inheritance, as I believe that the thread poster suggested that the inheritance was needed to pay the ex2b off. The situation in Scotland is quite different - as despite need, it could still be excluded because it hasn\'t been used for marital purposes. Martin - I am assuming that the claim on the pension is one for SM (or in lieu of expected income), as presumably they are not dividing the pension as a pension pot to be realised, but given the poster is 66 - as an income source. Just my assumption, I suppose. And I still think it\'s a shite deal.
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