Q: My husband fell out with his wealthy grandparents when he was in his twenties, but when I started dating him I persuaded him to try and build some bridges with them for the sake of the rest of the family. We eventually went to see them and I got on with them immediately and subsequently became very close to them. They thought the world of me and before we got married they gave us some valuable things for our new home.
Now my husband and I are leading separate lives and we have talked about divorcing. He says if we do he has a right to everything his grandparents gave us, because they were his blood relatives. Is this correct?
A: It is all down to whether assets are ‘matrimonial’ or ‘non-matrimonial’. Generally, the court’s view is that assets that have been acquired during a marriage are ‘matrimonial’ and that they should be shared between spouses even if one party may have contributed more to them than the other. ‘Non-matrimonial’ assets are seen as assets that have been acquired by one spouse prior to the marriage and retained solely by that spouse.
There are however still some grey areas. For example, in some instances, ‘non-matrimonial’ assets can become considered fully or partially ‘matrimonial’ due to the way they have been used. Say one spouse inherited during the marriage but the inheritance was used for improvements in the marital home. In this case the court might decide on the apportionment, because the original asset has become mingled with the joint asset of the marital home.
One of the primary considerations in sharing out assets in a divorce is source and needs, and it is at the judge’s discretion as to how to achieve ‘fairness’. It is wise to seek independent legal advice at an early stage in respect of your options relating to financial matters stemming from your separation.
This question has been answered by Sean Rolinson, a Solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
