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Seperation advice

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  • Seperation advice

    I am married and living in Scotland. My marriage is on the verge of breaking up. I am due to inherit money from a family house sale and will, this may take a bit of time. Is my husband entitled to anything if we are married but seperated? We are still living together just now but can't take much more of the marriage
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  • #2
    Hi,
    I am not a Scottish law specialist but in Eng/Wales any imminent expected inheritance would be included in any financial disclosure forms that need to be completed to settle the finances of the marriage if you divorce. Depending on the amount it will of course have an affect on how much is available for each person to set up home again. Hi sorry is not the only factor however, whether there are children of the marriage, earning capacity and matrimonial assets will all factor in to enable a final decision on the division of assets.
    it may be worth obtaining some legal advice and looking at drawing up a separation agreement setting out how you propose dividing assets. It may then be possible to negotiate what happens to the inheritance, maybe if you ring fence that sum some other agreement could be reached on maintenance for example.
    it wood be advisable to get some face to face legal advice from a family lawyer.
    I am a qualified solicitor and am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

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