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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10252
Experience:  30 years as a practising solicitor.
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I bought my house in 2004 it is in my name solely i married

Resolved Question:

I bought my house in 2004 it is in my name solely i married in 2005 but new separated since aug 2014
During the eight years married I paid the mortgage and all utility bills plus car loan insurances road tax etc my wife only paid for food shopping as she earned less than me
I have since retired from police service in sept 2013 I have received my lump sum and in receipt of monthly pension
I have outstanding mortgage of £66000 and only have police pension as my sole income
My police pension Cetv whilst married has been valued a t £110000 she entitled to £55000
I do have a solicitor but seeking clarity my solicitor sates the house is mine and not hers to claim on as bought before marriage and that I need to now make a pension sharing order to transfer the value of the Cetv to my wife's pension fund
During marriage she had business as director of pamper chef selling kitchen items this was run by her I never received anything from this business as she kept all finance details to herself can this be an asset from her I had requested details of her pension with nhs but was told she does not have one she works for Scottish ambulance service
She also had a son who was aged 8 when I married her and paid for his upkeep clothes holidays etc she has never made a claim for child support from his biological father who she knows and has his name address etc she went to court to never allow him access which was granted by sherif court
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

If the house was bought pre marriage and not in contemplation of marriage, eg, it was your bachelor home, then your wife has no claim on it.

You each have a claim for a share of the other's pension. If her business had a value at the date of your separation then that has to be taken into account as well as do any other assets which existed at the separation date.

As far as your pension is concerned, if it was in payment as at the date of separation, the value of any lump sum should be excluded from its value. I presume this will have been done but it's worth checking. The rules on pension sharing where the pension is already in payment are slightly different as regards this.

You also have to insist that your wife either vouches her pension or produces evidence that she hasn't got one. Your solicitor can apply to the court for an order which can be served on the ambulance service for disclosure of any pension in your wife's name.

The fact that you maintained her child won't be a factor taken into account in the division of assets.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10252
Experience: 30 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you

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