Inheritance after divorce.

[jon1965]

Hi
If a couple get divorced without a financial settlement, so no clean break and one then inherits a large sum, does the other have any claim.
If so where do you start?

She was an absolute bitch to him at the time and used her children as weapons as well as refusing to release his passport or

[enquirer]

Re: Inheritance after divorce.

More detail required.

[jon1965]

Re: Inheritance after divorce.

That's specific!

What details would you like to know?

[Picardlaw]

Re: Inheritance after divorce.

In Ontario, married couples and common-law couples do not have the same property rights. For married couples, the law provides a detailed formula to be used to determine the division of property upon the breakdown of a marriage. Your lawyer will ask you to fill-out a Financial Statement and will later prepare a Net Family Property Statement in order to be in a position to negotiate a property settlement on your behalf.
For common-law couples, they will usually be entitled to keep the property they brought into the relationship. This general rule can be changed by way of a Cohabitation Agreement or by making a trust claim. Trust claims can be complicated to make and should not be attempted without the assistance of a lawyer. Any property purchased together during the relationship will generally be divided between the parties.

[Inca]

Re: Inheritance after divorce.

In Ontario, married couples and common-law couples do not have the same property rights. For married couples, the law provides a detailed formula to be used to determine the division of property upon the breakdown of a marriage. Your lawyer will ask you to fill-out a Financial Statement and will later prepare a Net Family Property Statement in order to be in a position to negotiate a property settlement on your behalf.
For common-law couples, they will usually be entitled to keep the property they brought into the relationship. This general rule can be changed by way of a Cohabitation Agreement or by making a trust claim. Trust claims can be complicated to make and should not be attempted without the assistance of a lawyer. Any property purchased together during the relationship will generally be divided between the parties.

All very interesting except we are in the UK.

[MissFM]

Re: Inheritance after divorce.

Hi
If a couple get divorced without a financial settlement, so no clean break and one then inherits a large sum, does the other have any claim.
If so where do you start?

She was an absolute bitch to him at the time and used her children as weapons as well as refusing to release his passport or

Jon - I think that if it was a long marriage and especially if there were offspring that there is normally an expectation of common duty to maintain each other (ie for broad equality of outcome in material terms).

Will do more research - but you could do worse than starting here http://www.resolution.org.uk/ IMVHO x

[Huxie]

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