Separation, Inheritance and Entitlements?

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10 August 2014
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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.
 

Sarah J

Well-Known Member
16 July 2014
1,314
250
2,389
Melbourne, Victoria
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.
 
10 August 2014
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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
 

Sarah J

Well-Known Member
16 July 2014
1,314
250
2,389
Melbourne, Victoria
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.