Inheritance is often a sensitive subject, especially during or after a separation. A common question we hear is: “Do I need to tell my ex if I receive an inheritance?”
The answer depends on whether you were married, in a civil partnership, or simply living together — and whether financial matters have been legally finalised. Below we break down what the law says and give real-life examples to make it clearer.
Inheritance and Divorce in the UK
When a couple divorces or dissolves a civil partnership, the court has wide powers to divide assets fairly. This includes property, pensions, savings — and sometimes inheritance.
Do I have to declare my inheritance in divorce?
Yes. If you are going through divorce proceedings, you must disclose any inheritance you have received or are due to receive. The court considers all assets before making a decision and even if you are dealing with matters outside of court, full and frank financial disclosure is key.
That does not mean your ex will automatically receive part of the inheritance. Courts often treat inherited wealth differently from matrimonial assets, but they may include it if it is necessary to meet financial needs.
Example:
Sarah and Tom are divorcing after 15 years of marriage. While negotiations are ongoing, Sarah inherits £100,000. Even though this money came to her personally, she must declare it. The court will then decide whether it should be shared, depending on both parties’ financial needs and the fairness of the settlement.
Hiding inheritance in divorce can lead to your settlement being reopened and serious consequences for non-disclosure.
Inheritance received after finalising a divorce
If you have already reached a final financial settlement or a clean break order, inheritance received afterwards is usually safe from division.
Example:
David and Rachel divorced two years ago with a clean break order in place. Rachel later inherits a property. David has no claim because their financial ties were legally severed by the clean break.
Without a clean break order, however, an ex-spouse may still make a financial claim years after divorce. That is why getting a financial order is so important!
Inheritance and unmarried couples
For unmarried couples, the rules are very different. If you separate from a partner you were not married to, your inheritance remains yours. Your ex has no legal right to it.
Example:
Emma and Alex lived together for 8 years but never married. When they split, Emma inherits £50,000. She does not need to tell Alex, and he has no claim to it.
The only potential complication is if inherited money is invested into joint property, such as paying off a shared mortgage. In that case, your ex may benefit indirectly, but they still cannot claim the inheritance itself.
Common Questions
Does inheritance count as a marital asset in the UK?
It can do. While inheritance is often treated as separate, the court may include it in a divorce settlement if financial needs cannot otherwise be met.
Can my ex claim my inheritance after divorce?
Only if there is no clean break order. With a clean break, inheritance is protected. Without one, there is still some risk.
Do I have to tell my ex if we weren’t married?
No. If you were not married or in a civil partnership, you do not have to disclose inheritance to your ex.
How can we help
Inheritance can raise difficult issues during separation. Whether you need to tell your ex depends largely on your marital status and whether financial matters have been legally resolved.
If you are concerned about protecting an inheritance or unsure whether you must disclose it, contact us today for a fixed-fee appointment. A clear legal settlement can give you peace of mind and prevent disputes in the future
