I received and inheritance from my father and with part of the money I bought a house where my husband and I lived for 3 years. Prior to that we only lived in rented accomodation because of my husbands old history of alcoholism we could not get a morgage.

Now we have divorced and he has received his own inheritance from his family and bought a flat.

He claims that he is en­title­d to half my house regardless that he has all his needs met and I haven't

My house is worth 2.8 times more than his.

Thank you in advance

Welcome to Wikivorce Andromeda, you will find some bright stars here..... and some dull ones - you can decide which are which
Now we have divorced and he has received his own inheritance from his family and bought a flat.
How long were you married?

Hopw long since you separated?

Have you reached the Decree Nisi or Decree Absolute?

If absolute, was ancillary relief applied for?

Is there a consent order in place?

If so, what does it say?

Hopefully with answers to those questions some of the bight stars will emerge from the gloom and give you an answer

Mike

We were married 13 years and sepparated for a year in between

We sepparated in june 2006 and my ex applied for a divorce on gounds of behaviour that I didn't contest. We now have decree absolute

He applied at the same time for ancilliary relief

He earns 2.9 times more than me

I am ill and have been diagnosed with fibromyalgia and can not work and rely totally in the income from my father's inheritance plus a lodger that I have taken to help cover my needs.

There is no order given yet, we will have the FDR at the end of October.

Thank you Mike

Andromeda,

You don't mention children, but your illness is significant in terms of your settlement. If you were to post up the following, it might enable someone to give you an idea of what might be a fair outcome:

Your / his nett income (After Tax, NI and Pension)
Youe / his ages
Length of Marriage
Value of house / flat and outstanding mortgages
Size of house (No of bedrooms)
Age and sex of any children
Any other assets over £500
Any debts (Are they marital or personal?)
Yours / His pension CETV (Cash Equivalent Transfer Value)

Mike

PS Oooeeerrr! Post 900 - I need to get out more....

Inheritances are a grey area in England&Wales. They are relevant and should be disclosed. Generally if there are sufficient assets to meet the needs of both parties an inheritance which has been kept separate from the other family assets might be alloted back to the person who inherited, especially if the inheritance was recent.

So potentially both inheritances could be taken into account to meet the needs of both parties or it could be argued your inheritance was "used " by the parties so it can become a matrimonial asset and his inheritance was recent and not incorporated into family finances. However, in case of the latter the inheritance is still a resource and can be taken into account when splitting matrimonial assets ie his need is reduced because of the inheritance.

That's the second confusing answer I've given today. Perhaps I should give up.

Fiona,

I understood what you meant. Hopefully Andromeda did as well.

No don't give up!

Your / his nett income (After Tax, NI and Pension)
£4,800/£13,200
Youe / his ages
50/60
Length of Marriage
13 years minus 1
Value of house / flat and outstanding mortgages
210,000/80,000 none
Size of house (No of bedrooms)
5
Age and sex of any children
They are grown up
Any other assets over £500
He has personal assets for £25,000 and has not declared the capital of his companies. He is saying that "he does not have accounts"
Any debts (Are they marital or personal?)
None

Yours / His pension CETV (Cash Equivalent Transfer Value)
None/ He says he has none but has not provided any proof of that and he is denying he has any

Thanks a lot