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JGM
JGM, Solicitor
Category: Family Law
Satisfied Customers: 11430
Experience:  30 years as a practising solicitor. Partner in own firm.
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My husband left me in November from our Scottish home he says

Customer Question

My husband left me in November from our Scottish home he says we can not raise any proceeding until he is resident in England for 6months this will then enable to make a claim on our matrimonial home which I own in Scotland.
Please advise.
Submitted: 3 years ago.
Category: Family Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

You can raise proceedings against your husband in the sheriff court local to you in Scotland as you will presumably have been resident in Scotland for at least a year and in the sheriff court district for 40 days. That satisfies jurisdiction and where you husband stays is irrelevant.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.