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Separation, Inheritance and Entitlements?

Discussion in 'Family Law Forum' started by Margaret Butler, 30 August 2014.

  1. Margaret Butler

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    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.
     
  2. Sarah J

    Sarah J Well-Known Member

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    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.
     
  3. Margaret Butler

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    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
     
  4. Sarah J

    Sarah J Well-Known Member

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    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.
     

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