Divorce & valuation of assets
Discussion
Hypothetical question - assume couple A are like most couples and technically insolvent i.e. mortgage debt outweighs value of all other assets (but not by much, lets say £20k).
I assume on divorcing, the debt would be split i.e. if husband was to remain in the house, ex-wife pays him £10k (her share of the debt) and goes her merry way?
The curveball is that there is a large inheritance coming to the husband soon - enough to clear the mortgage completely. When are assets/debts valued in terms of a divorce - when you separate, or when the divorce is finally granted after however long it takes?
I assume on divorcing, the debt would be split i.e. if husband was to remain in the house, ex-wife pays him £10k (her share of the debt) and goes her merry way?
The curveball is that there is a large inheritance coming to the husband soon - enough to clear the mortgage completely. When are assets/debts valued in terms of a divorce - when you separate, or when the divorce is finally granted after however long it takes?
XFRFred said:
From what i understand, after going through a divorce, the main bread winner (assuming it's the man), will still be liable.
So if he were to come into extra funds, after the divorce, that were not mentioned during the divorce, and the ex wife gets a scent of it. She can go through the courts to claim upon it.
Thanks. She definitely knows about it, I just wondered whether delaying the acceptance of inheritance would mean it would/wouldn't be taken into account, as it's not technically in the bank of couple A yetSo if he were to come into extra funds, after the divorce, that were not mentioned during the divorce, and the ex wife gets a scent of it. She can go through the courts to claim upon it.
As I understand it the party who is going to get the inheritance needs to negotiate a "clean break" settlement, in the short term it may cost them but then their inheritance can't be touched as neither party has the right to renegotiate the ordered settlement.
Not sure if this is still current but that was the situation 20 years ago.
Not sure if this is still current but that was the situation 20 years ago.
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