Inheritance During Divorce UK
April 2025
When going through a divorce, questions often arise around whether one party’s inheritance should be shared with the other. Inheritance can be a sensitive issue, especially where one spouse has received money or property from a deceased relative either before or during the marriage. Understanding how the courts treat inheritance in the UK is key to knowing what you may be entitled to or expected to share.
This summary provides general information and does not constitute legal advice on any individual circumstances.
Generally, the courts in the UK distinguish between matrimonial and non-matrimonial assets when dividing property in divorce proceedings. Inheritance is typically classified as a non-matrimonial asset, particularly if it was received before the marriage or kept separate from shared finances throughout the marriage. However, this distinction is not always absolute, and there are circumstances in which inheritance may be considered part of the matrimonial pot.
Ultimately, the court’s approach is based on fairness and the specific circumstances of each case, and it can exercise flexibility in how assets, including inheritance, are treated in order to achieve a fair financial outcome.
Timing and Use of the Inheritance
The timing of the inheritance can influence how it is treated in divorce proceedings. If the inheritance was received many years ago and used to support the couple or was invested in joint assets, it may be harder to argue that it should be excluded. On the other hand, if it was received recently and clearly kept separate, it is more likely to be protected.
The use of the inheritance also matters. If the inheritance has been combined with joint assets, for example, by using it to purchase the family home, pay for family expenses, or invested in a joint business, it may be regarded as part of the matrimonial estate and subject to division. The key factor in such cases is whether the inheritance has been integrated into the family’s finances or used in a way that benefits both parties.
Even when inheritance has been kept separate and not used for family purposes, however, the court still has the discretion to include it in the financial settlement, particularly if it is necessary to meet both parties' needs. This is especially relevant when children are involved, as the court will prioritise their well-being and ensure that both parents have sufficient resources to provide for them.
How Do Courts Approach Inheritance in Divorce?
The starting point in any financial settlement on divorce is fairness. The court aims to meet the needs of both parties, and particularly any children, before deciding how assets should be divided. If the non-inheriting party can have their needs met without touching the inheritance, the court may leave it untouched. However, if there are limited assets and the inheritance is required to meet housing or living needs, it may be included in the division.
Each case is decided on its own facts, and the treatment of inheritance depends heavily on the overall financial circumstances.
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