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JGM
JGM, Solicitor
Category: Family Law
Satisfied Customers: 11129
Experience:  30 years as a practising solicitor. Partner in own firm.
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My parents have left property and a property for

Customer Question

Hi
My parents have left property for me and a property for my brother. But what happens if I marry my partner and if the case a divorce happened can she legally take half of my property left by my parents? On the other hand what happens if I sold the property and bought something else and I was married and then a divorce happened can she claim for half. I thought she would only claim a percentage for it if she contributed to the upkeep and maintanence. Btw I live in Aberdeen Scotland
Thanks
Submitted: 2 years ago.
Category: Family Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Any property acquired before marriage is not matrimonial property and couldn't be claimed by her as your wife as it is inherited property and that is excluded under the Family Law (Scotland) Act 1985. . If you sold it and purchased a family home with the proceeds that would be matrimonial property and she would have a claim, typically for half.
The way to deal with this is to draw up, via your solicitor, a prenuptial agreement between the two of you to protect your position. This has to be done before you marry.
I hope this helps. Please leave a positive response so that I am credited for my time.
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Customer: replied 2 years ago.
Hi Again,
Thank you for your answer, just to clarify things. First of all my parents still alive and have gifted me 2 properties through the 7 year gift tax scheme. What would happen if me and my partner were to split and we were not married ( common law rights ) for example say I sold the property and bought another. What would happen if I died I have a DIY will made out to my brother mother and father.
Thanks
Stuart
Expert:  JGM replied 2 years ago.
The gift is the same legally as an inheritance. It isn't matrimonial property.
Your partner, married or unmarried to you has no claim. If you buy another property it would only be a problem if you were married as that would be property acquired after marriage and liable to be treated as matrimonial property.
If you died and had willed the property to others that would be unchallengeable as you can leave heritable property to whoever you want.
However, I'm not happy with you having a DIY will. Many are junk and not suitable under our laws. It's up to you but I would get it done properly even if it costs £100 or so via a solicitor.

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