Separation, Inheritance and Entitlements?

[Margaret Butler]

Hi,
My husband and I have decided to separate. His mother has left her house and a substantial amount of money to him (inheritance), she is 88 and not very well. She has left it in his name only. If she passes away either before we finalise the separation or after we finalise, am I entitled to any of this (property settlement)? I don't mean to sound cold, just trying to get my facts right. Thank you.

 

[Sarah J]

Hi Margaret,

Yes, gifts and inheritances received by either party from a third party may be included in the "shared property" included in the division of assets.

 

[Margaret Butler]

Thanks Sarah, but what if say we have been separated for 12 months before the inheritance comes about – am I still entitled to some of it or is there a time limit with these things? Thank you

 

[Sarah J]

Hi Margaret,

After 12 months, you will be eligible for divorce. During settlement procedures, assets that come into being may be included in the pool until divorce is finalised.