Is my inheritance protected in a UK divorce?

Written by Sophie Jones, a Legal Administrator in our Family Law team.

When going through a divorce, one of the biggest worries people have is what will happen to their inheritance. Many clients come to us asking: “My husband is trying to take my £120,000 inheritance. Can he do that?” Your concern makes complete sense, especially since a family member left that money to you personally.

The good news is that UK family law usually treats inheritance as a non‑matrimonial asset. In simple terms, that means it doesn’t automatically become something you must share in a divorce. The starting point is that inheritance belongs to the person who received it.

However (and this is where things get more complicated), the law does not automatically protect your inheritance. The court can include it in the financial settlement if needed for a fair outcome. This is especially true if the other spouse cannot meet basic financial needs without it. Each situation is different, and the court looks closely at the full picture of your marriage and finances.

Why inheritance isn’t always ring‑fenced

How you handled inheritance during the marriage heavily influences how the law treats it. If you kept your inheritance separate, for example in your own bank account or invested in your own name, it is more likely to remain yours. However, if you both used the money, to help buy a family home or pay joint expenses for example, the court may say it has become part of the “marital pot.”

The most important factor the court looks at is needs. If your husband cannot pay for housing or other basic costs without using your inheritance, the court may include some of it. On the other hand, if both parties can have their needs met without using your inheritance, the court is more likely to let you keep it.

What the courts have said

Several important court decisions have shaped how courts treat inheritance during divorce. The general message is consistent: inheritance usually stays with the person who received it, unless fairness requires a different outcome.

This principle was firmly established in White v White, where the court said that inherited wealth comes from a “wholly external source,” and should normally remain separate from the marital assets.

In other cases, such as K v L, the courts have fully protected large inheritances because the other spouse’s needs could be met without touching them.

However, where inherited money has been mixed into the couple’s finances, or used to support their lifestyle, the courts have sometimes included it in the overall financial picture, as seen in Y v Y. In this instance, the inherited estate was treated as non‑matrimonial but still considered when assessing fairness.

So… is your £120k inheritance safe?

Often, yes … especially if you kept it separate and if there are enough other assets to meet both parties’ needs. But no universal rule exists, so you should not automatically assume that the law protects your inheritance. Every case depends on the details of your financial situation, how the inheritance was used, and what both parties need moving forward.

Getting the right advice matters

Inheritance issues can be one of the most confusing parts of a divorce, and it’s completely normal to feel unsure about what could happen. Speak to a member of our Family Team early to get: clarity, reassurance, and a plan to protect what is yours.