Had a message this morning from a distant friend who I haven’t seen for a long long time but have always kept in touch with. Basically her husband completely threw her last night when he got in from work by suddenly saying that now her grandfather has v recently died and left her quite a large sum of money they should now split up, sell their house and go their separate ways. She knew they’d grown apart but really hadn’t seen this coming.
Anyway she ended up saying about what could she buy with the amount she’d been left, & I said wouldn’t she have to split it with her husband as it would be classed as ‘matrimonial assets’ or whatever the term is, just like the value of their home, or anything that either of them bring into the home etc. she said of course not, as her grandfather left it to HER, and it’s 100% her money and her husband has no claims on it whatsoever. Sooooo, would this lump sum have to be added to sale of house money and then split between them, or is it really 100% hers to keep??
No, an inheritance is classed as non-matrimonial property but if she spends it in a way that benefits both of them such as on the marital home then that does become a matrimonial asset.
So, if she keeps it as cash and doesn't put it in to a joint account she can keep the lot
Generally, in England and Wales, all the marriage assets, unless stated otherwise in a prenup, will be pooled and treated as joint marital assets. However, money or property that you have inherited either prior or during the marriage can be considered as non-matrimonial assets.29 Mar 2021
clearly maybe
but I think it is clearly hers and not his
universal the next question after you have been left moolah
is - - - what is my share
This question of what is and is not matrimonial property is not at all clear-cut. Divorce law in England & Wales provides for a distribution of all assets of the couple according to the needs of the individuals. The best chance of holding onto her inheritance is to put it into an account in her sole name and to invest the money in her own name. It should not be used for any joint purposes, such as paying off the mortgage or buying furniture for the home.
Nevertheless, the inheritance would have to be declared as an asset upon divorce and the Family Court could decide to pass some of it to the (ex-)husband if it felt that such action would be appropriate in the circumstances.