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Are inherited assets included in a divorce settlement?
Is inheritance included in a divorce settlement?
Is inheritance a non-matrimonial asset in a divorce?
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Mar 15, 2024 · Where inheritance is received by the time of financial settlement negotiations or proceedings arising upon divorce, the relevant assets belong as a matter of reality to a party and form part of the balance sheet – whether considered and treated as matrimonial or non-matrimonial assets.
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May 14, 2024 · Is inheritance included in a divorce settlement? As a rule, assets that are acquired during a marriage or a civil partnership are added to the ‘matrimonial pot’ and then divided upon divorce or dissolution.
Nov 7, 2023 · An inheritance which has been received during the marriage is in the first instance included in the ‘matrimonial pot’ of assets however, in certain circumstances it may be ringfenced so it will not be available for division between parties upon divorce.
Sep 18, 2023 · Unlike in other jurisdictions, inherited assets are not automatically excluded from the matrimonial pot and, therefore, may be included in the divorce settlement.
How is inherited property treated in divorce? In general, inheritance is not automatically included in a divorce settlement as matrimonial property. This means that if one spouse inherits money or property during the marriage, the other spouse is not entitled to a share.
The courts will look at the facts of each case to determine whether or not to split an inheritance as part of a divorce settlement. Depending on the circumstances of the case the inherited sum may or may not be used to assist in reaching a fair outcome.
Jan 21, 2021 · Where an inheritance is received by one party going through the process of divorce then the Court would consider this a non-matrimonial asset, and this would therefore not be included in the marital pot.
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