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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11546
Experience:  30 years as a practising solicitor.
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My sister married 18 years ago in England

Customer Question

My sister married 18 years ago in England, she separated from her husband within months due to his mental health. My sister moved to Aberdeen about 10 years ago because her daughter from her first marriage was being bullied at school. During a visit to England my sister met up with her ex and had what can only be described as a one night stand, which resulted in my 6 year old nephew. My sister and her ex never got back together. 5 years ago in February we found out that my sister has cancer it started in the bowl and it went to womb, lungs and in February this year had a brain tumor removed. Her ex moved up a few years ago and rents a place a few miles from my sister to help while she is ill. He recently found out that my sister was intending to leave her house to her two children. This has caused many arguments. When my nephew comes home from seeing his dad he is extremely horrible to my sister saying she does not love him, she is evil and nasty. When she questioned him about it he say his dad has told him to say these things. On occasion he told my sister that his dad says if he really miss behaves she will give him to his dad. My sisters main concern is her house she purchased it in 2003 in her name. Her ex has nothing to do with the house. He has always lived on his own. Under Scottish law would he have any claim on her house? Also my sister starts another lot of chemo in the next few weeks and really is to ill to deal with this. If she were to leave dealing with this until after her chemo would that be ok? Hope I didn't ramble too much, any advise would be really welcome. Kind Regards XXXXX XXXXX

Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Is she still married to him or did they divorce? If they are divorced then he has no claim. If they are still married then he does and she should make a will as quickly as possible staing that the house is to go to the children. That will defeat any claim by him for her house.

My advice would always be that she should deal with this before she embarks on treatment. If anything happens to her during that period and she does without a will, then her husband will be entitled to inherit. If they are divorced of course he won't.

Happy to discuss further.
Customer: replied 4 years ago.

Thank you for your response. They are still married, this morning she received a letter from his solicitor about the breakdown of the marriage and the financial consequences of the breakdown of the marriage. As I said earlier my sister bought the house by herself, he as never resided there or contributed in anyway. Does he have a claim? Kind Regards Donna

Expert:  JGM replied 4 years ago.
He has no claim on the house as part of any divorce as the house is not matrimonial property. However, if she doesn't make a will hie has a claim on her estate if she dies.

She should make a will immediately.

Happy to discuss further.