How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Family Law
Satisfied Customers: 10646
Experience:  30 years as a practising solicitor. Partner in own firm.
31090051
Type Your Family Law Question Here...
JGM is online now

Please can you advise? Living in Scotland with my spouse of

Resolved Question:

Please can you advise? Living in Scotland with my spouse of 8 years how would our assets be divided on divorce and would there be any form of maintenance? Especially during post separation? We married in 2007 my husband was already retired and receiving a good pension. His assets were built up before we married (we did not live together first). I was working, had my own house (mortgaged) which I sold when I moved to Scotland. We currently own a house worth £250,000 and have cash (mostly his). I do not work and haven't done so for three years, I am 57. Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  JGM replied 1 year ago.
Thank you for your question. I am a solicitor in Scotland.
You would each be entitled to a half share of all assets accrued during the marriage but not anything that existed pre marriage. The family home would be treated as owned jointly assuming it was bought after the marriage.
As you are not working you would be entitled to maintenance for a period following separation and divorce. The amount would be dependent on your respective financial circumstances following the separation.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.
Thank you. Please can you advise re cash type assets? Assets held at marriage as cash/bonds have since been changed to different building society accounts. Will these still be included as being assets held at the date of marriage if they have changed in form from one type of cash asset to another? Also what about any assets that have been transferred from husband to wife? Here I am thinking of a bond. Thank you.
Expert:  JGM replied 1 year ago.
Why were the assets changed from account to account and from type to a different type and from husband to wife?
Customer: replied 1 year ago.
Some came to the end of their fixed term, others for tax reasons.
Expert:  JGM replied 1 year ago.
My opinion is that as the assets existed pre marriage the "source of funds" section of the legislation comes into play. In other words, whoever has the assets in name, may not in fact be entitled to them having regard to the original source of the funds and the extent to which the funds were derived from the income and efforts of the parties or either one of them.
Customer: replied 1 year ago.
One final question. If the assets held at the time if the marriage have been reduced by, say 40%, will this reduction be applied to both party's assets? Even if this means I will be in a much worse financial position than I was at the date of marriage, unable to afford to buy the sort of property I previously owned? Thank you.
Expert:  JGM replied 1 year ago.
If both parties have suffered a loss, then yes, both parties would have to bear that unless there is a reason not to do so. Remember the law provides for fair sharing. Fair sharing is equal sharing unless there are special circumstances to detract from that.
JGM, Solicitor
Category: Family Law
Satisfied Customers: 10646
Experience: 30 years as a practising solicitor. Partner in own firm.
JGM and other Family Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    160
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4598
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1064
    Family Law - Specialist in Divorce, Financial Relief and Children Matters