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Sandi asks:

My husband left me just over a year ago and moved in with another woman.  I feel it’s time to sort things out so that I can move on.  I have two children (one at university aged 20 yrs and one at college aged 17 yrs) both living with me. 

Unfortunately my father died before my husband left and I am executor and joint beneficiary of his estate.  Can my husband make a claim on my inheritance even though it has still not been finalised? 

When we were together, my husband's income was two-thirds of our joint income and mine was the other third.  However, since then he has lost his job and I'm now worried that, although my income is small, I will lose everything.  I hope you can point me in the right direction on what I need to do.

David Allison
Divorce & Relationship Breakdown
The answer to your question is, I am afraid, not straightforward and anyone advising you would need to know rather more before being able to give a clear indication. You should think about getting some specialist legal advice – the web site of the family law group Resolution might be a good place to start if you don’t have a personal recommendation, as they have details of specialist family lawyers across the country.

Looking at the inheritance first: as a starting point, a couple are entitled to share equally everything that has been built up during the marriage. However, although inherited and gifted property cannot be excluded it’s looked at in a different way, particularly if you received it towards the end of the relationship or after separation. If you haven’t yet received your inheritance you may be able to avoid sharing it, but this depends upon whether each of your needs can be met without the inheritance being divided. If your husband has somewhere to live and a decent pension, that will help.

As you husband is living with someone else it may not be a problem that he has lost his job and it would certainly be difficult for him to claim maintenance from you. However, the lack of income might have an impact on your husband’s needs and make it more difficult for you to keep the inheritance out of the equation completely. If he is likely to get back into work soon, there may be some advantage in waiting for that to happen (although I do not recommend you delay getting legal advice). However, if that is an unknown you may be best just getting on with it.

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