My dear dad has recently died leaving no will and I have 2 sisters. I am going through a legal seperation, though we have not been to court yet. I had to leave the family home and am paying large rent. My dad's house is worth approx 350 euro and will my ex husband be entitled to a share of my inheritance when probabe is completed.
Father died intestate.
- Thread starter clareG
- Start date
A Court will take account of all assets available to both parties when coming to a decision about the division of assets in a separation to make proper provision for both parties. Depending on length of marriage, whether there are children, the capacity of both parties to provide for themselves into the future, etc., etc., it is possible that a Court may make some provision for your husband ( he is still your husband until you are divorced) out of your inheritance.
In a separation an awful lot depends on the parties involved. I have clients who believe thats what is his is theirs and what is their own is just that. Equally, I have clients who want to do the best they can by their spouses and children in circumstances where a Court might not even order them to do so. A good rule of thumb therefore is that people behave in separation, the way they behaved in marriage.
You do need specialist advice.
mf
Don't do anything before you talk to your solicitor. If a court finds that your actions were motivated by a desire to keep the asset away from your husband they may give him a share anyway.
These laws were put in place primarily to protect women with no assets or earnings from being thrown out or screwed over by their husbands. However they must apply to both parties.
This is what the Courts call a "reviewable disposition". And how would you feel if the situation was reversed?
Purple - all the Family Legislation is couched in non gender specific language and , can I tell you, that women are every bit as capable of lying about and hiding assets as their beloved husbands!
mf
