Do inherited assets count in divorce?

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Concerned about the laws and rights regarding inheritance and divorce in the UK? No matter whether you want to protect your inheritance from your former spouse or are simply searching for answers prior to your financial divorce settlement being agreed, we can help.

For clear and accurate answers to a range of inheritance and divorce questions such as ‘Is inheritance split in divorce in the UK?’ and ‘Can ex-wife claim inheritance after divorce in the UK?’, we’ve enlisted help from the team of specialist divorce solicitors at Freeman Jones Legal.

Does inheritance money get split in a divorce?

Worried that your ex-spouse may have their eye on your inheritance? If so, how concerned should you be, and is it likely that this money will be split during divorce proceedings? Put simply, if one person inherits assets (either before or during the marriage), they are typically considered joint property once married.

However, this is not automatic and the line between whether inheritance money or assets are a matrimonial or non-matrimonial asset can be blurred. Instead of simply being split between the two parties, there are many different factors that can affect whether the inherited money or assets should be split in a divorce.

This includes when the inheritance was received, how much of it has been spent, the value of the other matrimonial assets, and whether there’s enough matrimonial money to meet the needs of both parties.

While your solicitor will likely to try to argue that your inheritance is a non-matrimonial asset, if some of the money has been spent on buying a joint property or has been put towards the mortgage, family holiday home, or a joint car, it can be argued that this money has become a matrimonial asset.

Can my ex claim inheritance after divorce?

If you’re worryingly searching for an answer to ‘Can ex-wife claim inheritance after divorce?’, you’ve come to the right place.

An ex-spouse can make a claim for your inheritance even after divorce so long as they haven’t re-married or formed a civil partnership and there is no financial order preventing them from submitting such a claim. An experienced divorce solicitor can help you to create a financial divorce settlement to prevent them from claiming a share of your inheritance post-divorce.

Is future inheritance considered in divorce settlements?

Typically, future inheritance isn’t taken into consideration in divorce settlements. However, in some cases, it may be considered when splitting matrimonial assets if the future inheritance is a significant sum and is expected to be received shortly – court proceedings may even be postponed until the inheritance has been received.

Quality financial divorce settlement support

To learn more about inheritance and divorce, and the laws regarding future inheritance after divorce in the UK, or to discuss your divorce case with a member of our team, 0feel free to contact Freeman Jones Legal today.

Offering exceptional legal support, we’re one of the leading law firms in Chester.

Having helped countless clients secure a fair financial divorce settlement, our team of expert divorce solicitors has years of experience mediating, negotiating, and resolving disputes between divorcing couples.

Plus, if these avenues are proving unsuccessful, we can also utilise court action to help you take care of your financial future.

To discuss your divorce case with a member of our team, don’t hesitate to give us a call on 01244 506 444.

Alternatively, you can also get in contact by emailing or by submitting our online contact form.

Once we’ve received your enquiry, we’ll be in touch shortly to arrange the best date and time for your free, no-obligation 30-minute consultation.

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Author Colin Freeman View Profile
Colin qualified as a solicitor in 1998. He specialises predominantly in family law, litigation / dispute resolution, wills, probate and settlement agreements and has notable cases reported in the Court of Appeal and High Court.
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