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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
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family law scotlandI am separated but living in my husbands

Customer Question

family law scotland
I am separated but living in my husbands house until I get a place to live.

1) married sep 2007
2) no kids
3) assests from husband before we marry or lived together: 3 properties on his name from which one was sold in 2011 during marriage. he invested money in shares which dividends and increasing value helps to pay bills at home. 2nd property let! 3rd property is where we live at the moment.
4) only one property in joint names which is let and wchich i pay most of the mortgage as he put the deposit and is the place where Im going to leave as soon as it becomes available. is a smal single flat.
5) he receives 3 different pensions,
6) he doesnt pay any mortgage for the bigproperties , all paid.
7) refurbishment done in the house we live, done during marriage, attic built, purchase of furnitare, tv, conversion of kitchen etc . i never contribute financially with it.

my income is my salary, low income F/t employee, savings which are much more less than his but saved during marriage onlly.
as i never had to contribute in thehouse we lived. hoeever i will struggle when I move out, do i have any righ to get any lump sum, or assests to keep me going financially? or aliment allowance from him etc?

he has no life assurance, i have a cheap one but he is not thebeneficiary.


what are my financial obligations towards him and my own rights.?

i would love to have the other 50 porcentage of the flat, all in my name, so do i need to buy his 50 porcentage, ? i think i have right to Nothing financially from him, is it true i need give 50 porcent of my. savings? which are nothing in comparison to all his assests on his name only which are mainly obtained before we married?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

You are each entitled to half of all assets accrued during the marriage. That includes the house in joint names, the savings you have and the shares he bought.

If his income is more than yours you may also be entitled to aliment from him up to a period of three years from divorce.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.


Thank you for your reply, is what I thought as well. Now those shares he bought during our marriage was with the money obtained from the sale of a property who he owned before we married, Am still entitled to half of the shares despite the fact comes from a propery of his own. ?


 


thanks


 


Ceci

Expert:  JGM replied 3 years ago.
He could put forward what we call a source of funds argument but the courts way of thinking now is that any property which changes in character and is used to benefit the family unit becomes matrimonial property. In this case the shares produce dividends so the argument is that they are now matrimonial property.
Customer: replied 3 years ago.

thank you for your reply, what do u mean by a a source of funds argument?


 


thank you


 


Ceci

Expert:  JGM replied 3 years ago.
This is an argument where he says that the source of the funds which make up the matrimonial property was not derived from the income and efforts of the parties during the marriage and therefore shouldn't be taken into account.

That argument used to be a good one but now where the money has been reinvested into a marital asset the argument that the original source of funds was not a marital asset is not accepted to the same extent.
Customer: replied 3 years ago.


thank you for your reply.

QUESTION,

He was thinking to sell one of the properties that belongs onlyo to him and obtained previous to our marriage.

what happens ic he sells the property when i moved out ? as you mentioned before this would be an asset that changes in character so am i entitled to get 50% of it despite the fact we are sepRated and what happens if he sells the property when still living with him

what would a solicitor come up with in order for me as wife to get almost nothing from my husband, apart from a source of funds argument?

thank you

Expert:  JGM replied 3 years ago.
It depends whether he uses the funds for matrimonial purposes. If he just banks the money you wouldn't be entitled to a share. If he used it to support the family, like he has done with shares you would.
Customer: replied 3 years ago.
thank you for your reply.
question, my husbamd invested some of the money from the sale of the flat to refurbish the house we live in e.g. converted the attic in to a room, made an open plan kitchen, etc, structural changes, and furnishing such as new kitchen, etc, so As the money from the sale has been converted and used for alterations in the house for approx a minimu. of £30,0000 plus furnishing am i entitled to claim half of that money minus depreciation (what s the porcentage for depreciation per year?)

i want to e sure of this as he thonks i am entitled to nothing.


Expert:  JGM replied 3 years ago.
You're not allowed to claim half the money invested but you can claim a share of the family home having regard to the value taking account of improvements made. The way this is done isn't as mathematical as your question suggests. You have a right to a fair share of the family home. If it's not in joint names, the value as at the date of separation is the starting point.
Customer: replied 3 years ago.
thank you for u reply, ok I get it know, no 50% but a share, who decides the amount of the share only my husband and I?

now in your last statement u quoted " If it's not in joint names, the value as at the date of separation is the starting point."

Question 1
Nothing in joint names in the house we live in, therefore what u mean is the value of the share of the house is from the day we separate?

question 2
he is letting another house, his property before we married. the income is issued tomaintain us among other incomes. can I claim a share of the income somehow? or can he state the income is going tobe used for my alimoney ? (as I'm planning to apply for it).

question 3
themarriage was never consummated due to his health issues, what advantages or disadvantages would this bring to me ? I mean a quick marriage annulment etc.now I lost the opportunityto have children etc can I ask him forcompensation some how for this?, sorry it sounds greedy but I need to know as he will live comfortably in big house, nice car etc and I will be all the opposite after 7 years of marriage,

I'd appreciate if you could-answer me the above 3 questions

thank you

cecilia
Expert:  JGM replied 3 years ago.
1. Yes
2. You can pursue aliment from him and the rental income will be taken into account as a resource that he has and would be used to quantify what he should be paying you.
3. A non consummated marriage can be declared void by the court but most people simply ask for a divorce nowadays. You don't want to raise this issue because if the marriage is declared void you will have no financial claim on divorce because there will be no divorce. Don't go down this route and no, the court would not award compensation.