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  1. #41
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    I didn't say it in my earlier posts but I'm also very sorry to hear about your dad.

  2. #42
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    How are you going OP?

  3. #43
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    Quote Originally Posted by CountryGirl77 View Post
    My father is terminally ill and has days or weeks to live. He is leaving myself and my sister a fairly sizeable inheritance. We are both married with small kids, but both often wonder if our marriages are set to last the distance. My hubby has cheated on me online a and we spent 12 months in marriage counselling to try to patch things up. We are reasonably ok ATM but I don't really trust him and will tell him to leave if he ever does it again. It's a fairly loveless marriage at times but ok and with small kids we are soldiering on.

    My question is this: if we do split down the track, I assume that he will be entitled to half of this inheritance. The inheritance itself would make me financially independent if he was to leave, but not if he takes half of it. Does anyone know if we can draw up some agreement that this is my money if we do split down the track? I haven't broached this with DH and I suspect he would be offended, but his misdemeanours in the past make me nervous. We will use it to reduce our debt for now, and I'm happy to share it with him while we are together, but if one day we aren't I want to be able to walk away with it....does anyone know if that's possible?
    Firstly, I am so sorry about your father's health. I haven't read any comments so far, and I'm sure people below have advised you to seek legal advice. But I just have 2 things that come to mind regarding your situation. The first is that if you have these concerns about your marriage, and given the history of your husband's behaviour in the marriage, it sounds like your relationship is on rocky ground already. I don't think he would be surprised if you brought this subject up, and if he had an issue with it, I think it would only confirm that he thinks things could end in the near future.
    If I were in your situation, and this is without getting legal advice, I would put all the inheritance immediately into a discretionary trust with myself and children as beneficiaries. He can be a beneficiary too, as long as you are the trustee. Then use the money to buy a property or something that would accumulate wealth over time and earn you some income. He will get the benefit of rental income while you are still together but if you break up, he will have absolutely no entitlement to the assets of the trust.


 

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