​Do I have to share my inheritance if I divorce?

In the event of divorce consideration will have to be given as to whether inherited assets are to be shared in the event of a divorce.

The starting point when considering the division of assets on marriage breakdown is to achieve equality.  With this starting point consideration will then be given as to whether it is necessary to differentiate between matrimonial assets, those assets that have been built up during the course of the marriage, and non-matrimonial assets, those assets that have been accrued outside the marriage and not through the joint efforts of the parties to the marriage.

Assets obtained through inheritance on initial consideration could be deemed to be non-matrimonial and therefore not subject to sharing.

However, inherited assets, whether the inheritance has been received before, during or indeed after the marriage, could be drawn into account when dealing with the financial side of a marriage breakdown.  If an inheritance has not been ring-fenced during a marriage, and the inheritance has been used to the benefit of the family finances, the inheritance will be taken into account.  If the needs of the parties on divorce cannot be met by matrimonial property alone, non-matrimonial property, i.e. an inheritance, could be drawn into account whether in part or in whole.  This would be required to ensure both parties’ needs are met.

Inheritance can be seen as a resource available within matrimonial proceedings.

If you wish to discuss matters further please contact Jane Longworth