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Inheritance and divorce

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  • Inheritance and divorce

    Here is my situation:

    I am in my mid 40s and am currently married. My parents own a small piece of real estate out of the country (U.K.). I don’t have any siblings and one day this property will potentially become my inheritance.

    In the event of me going through divorce, would my ex spouse be able to claim what one day will be inheritance from my parents?

    Need some clarity on this issue. What can be done to protect my parents’ hard work from becoming a bargaining chip?

    Thank you.


    Sent from my iPhone using Tapatalk

  • #2
    This is a common question. Searching would have found a thread from 2-3 days ago on this very matter.

    That said, here is what was said in that thread:

    Originally posted by dinkyface View Post
    Divorce in Ontario: Do I get his or her inheritance upon divorce? 647-680-9530 | Dynamic Legal Forms

    Inheritance is excluded from equalization, unless you comingled the money in marital assets by, say, using it to pay off mortgage on home.
    A prenup may change this.
    http://www.ottawadivorce.com/forum/f...ritance-19396/

    Edit - And for now it isn't even an issue/bargaining chip because your parents are still alive. Hence you have no claim on it, ergo your ex can't even bring it up. If they did the judge would look at them and ask if they are really trying to make a claim on another living person property simply because one day they will die and leave it to you? And then the judge will toss the claim.
    Last edited by HammerDad; 10-09-2015, 09:24 AM.

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    • #3
      (For what it's worth, my ex brought this up in negotiations. His argument was that because his parents had passed away while we were married, and a chunk of the inheritance had gone into home renos, he was entitled to a share of any inheritance I might in the future receive from my parents, who were still alive [and/or he should get a greater share of the marital property now, because I was presumably going to get money when my parents pass away]. He put it a bit more crassly: well, you benefited when my parents died so I should benefit when your parents die. Both his lawyer and my lawyer just stopped and stared at him with their mouths open for a couple of minutes, then we moved on).

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