Question:
Upon divorce does an apartment inherited by one of the parties during the marriage and which is registered in his/her name only remain their exclusive property – or does the other party have a rightful claim to it ?
Answer:
Property received by way of inheritance is an exception to the general rule that property required during the course of the marriage is joint. The party that inherited it would retain exclusive ownership and the other party would have no right to it upon divorce.
My husband and I have been living separately for nearly a year but have not yet decided about divorce . He has just taken early retirement because of heart problems. If he dies will I be entitled to inherit as his wife even though we live separately ?
As long as a woman remains officially married to her husband she is entitled to inherit as a wife according to the Inheritance Act even if she is separated from him or even in the process of divorce. This is clearly based on the assumption that he has not made a will, the specific provisions of which will override her inheritance rights if it is valid and probate granted.
My ex- husband died recently. Our mutual children were listed as beneficiaries under a life insurance policy he had. As they are minors, who will be responsible for managing the money they receive ?
The surviving parent – the mother – is the natural guardian with responsibility for the minors’ property under the 1962 Legal Capacity and Guardianship Act for the minor’s property, providing that the deceased father did not instruct otherwise and name another person as being responsible for the management of the minors’ property.
Under the act, a parent, as natural guardian, must protect the value of property owned by a minor, and manage it in the latter’s interests. Certain ways of investing the money would require court approval – e.g. purchasing real estate in their name. The surviving parent can always ask the family court for instructions .
How can an apartment acquired through inheritance be registered properly ?
An application can be made to register the inheritance at the Lands Registry Office (‘Tabu’). In order to do this one must have first obtained an order enforcing the distribution of the estate according to a will or the Inheritance Law, or an order permitting the management of the estate, made by the family court, religious court or Inheritance Registrar. In addition, one will need documentation relating to the current registration of the apartment.
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