# Inheritance and gifts Last updated: 2026-11-12 GUIDE • DIVORCE FINANCE SOLICITORS # Inheritance and gifts An inheritance or a generous gift from family can make a significant difference to a couple's finances, but on divorce, questions often arise about who it belongs to. The law treats wealth that comes from outside the marriage differently from wealth built up by the couple together, but that protection is not absolute. This guide explains how inheritances and gifts are treated on divorce, and how they can be protected. Written by Nicola Jones - Partner, Divorce and Family - Last reviewed 13th October 2026 KEY POINTS - Inheritances and gifts are generally treated as non-matrimonial property, which is not automatically shared. - If they are mixed with family finances or used for the family home, they may become shared assets. - An inheritance can still be used if it is needed to meet the other spouse's or the children's needs. - Future inheritances are rarely taken into account. - A prenuptial or postnuptial agreement can help ring-fence an inheritance. --- ### Is an inheritance shared on divorce? Not automatically. Since White v White [2000], the courts have distinguished between matrimonial property, built up through the couple's joint efforts during the marriage, and non-matrimonial property, which comes from a source outside the marriage. An inheritance falls into the second category. In 2025, the Supreme Court confirmed in Standish v Standish that non-matrimonial property is not subject to the sharing principle, although it may still be considered where needs require it. ### What if the inheritance has been mixed with family finances? An inheritance that has been kept separate, for example in an account in one spouse's sole name, is more likely to retain its non-matrimonial character. However, where it has been used to buy or pay off the family home, placed in a joint account, or otherwise used for the family over a long period, it may be treated as having become matrimonial property. This is known as "matrimonialisation". Following Standish, the courts are expected to apply this concept narrowly, looking at how the parties have treated the asset over time. ### Can an inheritance be used to meet needs? Yes. Where the matrimonial assets are not enough to meet both parties' reasonable needs, particularly housing needs and the needs of children, the court can draw on non-matrimonial property, including an inheritance. Where there is more than enough to meet needs from the matrimonial assets alone, as in K v L [2011], the inheritance is more likely to be left with the spouse who received it. If you have received an inheritance or significant family gift, click below to speak to one of our family solicitors in confidence. ### What about an inheritance I expect to receive in future? Future inheritances are rarely taken into account. A will can be changed, and there is usually no certainty about when, or whether, an inheritance will be received. The court may take an expected inheritance into account only in exceptional cases, for example where it is both certain and imminent. An inheritance received after separation but before the financial settlement is more likely to be treated as non-matrimonial, but it may still be relevant to needs. ### How are gifts and loans from family treated? A gift made to one spouse alone is generally treated in the same way as an inheritance. A gift made to the couple jointly, such as a contribution towards the family home, is more likely to be treated as shared. Where parents have provided money described as a loan, the court will consider whether it is a genuine "hard" loan, which is expected to be repaid and is treated as a debt, or a "soft" loan, which in reality is unlikely ever to be called in and may be disregarded. A written loan agreement, interest and a history of repayments all point towards a genuine loan. ### How can I protect an inheritance or gift? The most effective step is a prenuptial or postnuptial agreement recording that the inheritance is to be treated as separate property. Keeping inherited money in a separate account in your sole name, and avoiding using it for joint purchases, also helps. Family members making a gift or loan may wish to document it properly, or consider holding the money in a trust. ### Common questions #### Do I have to go to court to get divorced? Usually not, because the divorce itself is dealt with on paper and most financial and children matters are settled without a contested hearing. Mediation, collaborative law, arbitration and solicitor negotiation can all help you reach an agreement without going to court. #### What happens to my will when I get divorced? Once the divorce is final, your former spouse is treated as having died for the purposes of your will, so any gift to them and their role as executor fall away. Until then your will stands as written, so review it as soon as you separate. #### What are the grounds for divorce? There’s only one: the marriage has broken down irretrievably. Since 6 April 2022, no one has to be blamed, and your spouse can’t contest the divorce. #### How long does a divorce take? You can apply for the conditional order after a minimum of 20 weeks, and then for the final order six weeks and a day after that, so around seven months at the earliest. It often takes longer, especially if you wait for finances to be agreed before applying for the final order. #### How much does a divorce cost? The court fee went up from £612 to £628 on 13 July 2026, and Help with Fees can reduce or remove it on a low income or qualifying benefits. Solicitor fees come on top, depending on how much help you need. #### Can we apply for a divorce together? Yes, you can make a joint application or one of you can apply alone. The court fee is the same either way.[](https://osbournepinner.com/?p=40902) #### How long do I have to be married before I can divorce? You must have been married for at least a year. You also need a connection to England and Wales, for example because one of you lives there. #### Does the divorce sort out our finances? No. The divorce ends the marriage, but you need a separate financial order, usually a consent order if you agree, to settle your finances and protect you from future claims. IN THIS GUIDE [Is an inheritance shared on divorce?](#whose-name-is-on-the-deeds) [What if the inheritance has been mixed with family finances?](#staying-in-the-home) [Can an inheritance be used to meet needs?](#what-can-happen-to-the-home) [What about an inheritance I expect to receive in future?](#how-the-decision-is-made) [How are gifts and loans from family treated?](#the-mortgage) [How can I protect an inheritance or gift?](#if-you-are-not-married) [Common questions](#common-questions) PART OF OUR SERVICE #### Divorce Finance Solicitors Expert advice on dividing your finances fairly when your marriage ends. [Read about the service](https://cms.rushtonfamilylaw.com/services/finances)![](https://rushtonfamilylaw.com/asset/3086/66-39-def/arrow-green.png) RELATED SERVICES [Financial settlements](https://cms.rushtonfamilylaw.com/services/finances/financial-settlements) [Spousal maintenance](https://cms.rushtonfamilylaw.com/services/finances/spousal-maintenance) [Child maintenance](https://cms.rushtonfamilylaw.com/services/child-maintenance) [Enforcing, changing and challenging child arrangement orders](https://cms.rushtonfamilylaw.com/services/enforcing-changing-and-challenging-orders) [Financial support during a divorce](https://cms.rushtonfamilylaw.com/services/financial-support-during-your-divorce) RELATED GUIDES [The family home](https://cms.rushtonfamilylaw.com/guide/the-family-home) [Businesses](https://cms.rushtonfamilylaw.com/guide/businesses) [Salary, bonuses, and shares](https://cms.rushtonfamilylaw.com/guide/salary-bonuses-and-shares) [Pensions](https://cms.rushtonfamilylaw.com/guide/pensions) [Financial disclosure](https://cms.rushtonfamilylaw.com/guide/financial-disclosure) [Consent orders and clean breaks](https://cms.rushtonfamilylaw.com/guide/consent-orders-and-clean-breaks) [Money from parents and family](https://cms.rushtonfamilylaw.com/guide/money-from-parents-and-family) [The financial court process](https://cms.rushtonfamilylaw.com/guide/the-financial-court-process) [Debts in divorce](https://cms.rushtonfamilylaw.com/guide/debts-in-divorce) [Tax in divorce](https://cms.rushtonfamilylaw.com/guide/tax-in-divorce) [How the court decides a financial settlement](https://cms.rushtonfamilylaw.com/guide/how-the-court-decides-a-financial-settlement) [Mesher orders](https://cms.rushtonfamilylaw.com/guide/mesher-order) [Hidden assets](https://cms.rushtonfamilylaw.com/guide/hidden-assets) ### How we work An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team. Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which. A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there. **Rushton Family Law is the sister brand of Vardags. If your case involves complex finances or international issues, we will introduce you to the Vardags team.** [Book a consultation](#callback)