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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11284
Experience:  30 years as a practising solicitor.
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My daughter is getting divorced, the proceedings seem to be

Customer Question

My daughter is getting divorced, the proceedings seem to be going on and on. initially she had agreed with her husband that he could keep his pension and she would keep the house, the increase in their values during the marriage (6 years) were roughly the same. After they had separated the husband changed his mind and said that amongst other things he wanted equity from the house. Neither could agree on terms and so they decided to take the proceedings to court, which could happen in the next two months. The husband has said that he wants the house revalued, which my daughters solicitor said that he is entitled to, but no account of increase in his pension value is to be taken into consideration. Is this correct?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

In a division of assets following a separation the parties are entitled to a fair sharing of assets. This usually means an equal sharing.

However, the values to be taken into account in assessing the shares are the values as at the date of separation for assets in one or other of their names, such as pensions.

Joint assets are valued as at the date of the date of divorce as both parties are entitled to benefit from an increase in value of joint assets.

The husband's pension is, therefore valued as at the date of separation as it's in his sole name. The wife isn't entitled to any increase in value after the date of separation.

I presume the house is a joint asset, therefore it has to be revalued before the court hearing.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Expert:  JGM replied 3 years ago.
Thank you for your question.

In a division of assets following a separation the parties are entitled to a fair sharing of assets. This usually means an equal sharing.

However, the values to be taken into account in assessing the shares are the values as at the date of separation for assets in one or other of their names, such as pensions.

Joint assets are valued as at the date of the date of divorce as both parties are entitled to benefit from an increase in value of joint assets.

The husband's pension is, therefore valued as at the date of separation as it's in his sole name. The wife isn't entitled to any increase in value after the date of separation.

I presume the house is a joint asset, therefore it has to be revalued before the court hearing.

Happy to discuss further.

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

Please leave a positive rating so that I am credited for my time.

DISCLAIMER: We have not formed a lawyer-client relationship. My post is for information. It is not specific legal advice.