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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11139
Experience:  30 years as a practising solicitor.
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My husband left me one year ago. I am 64. Can I claim for

Resolved Question:

My husband left me one year ago. I am 64. Can I claim for soome of his pension. I am selling the house to move away from the area which he agrees to and it is in my sole name.

 

Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Both parties are entitled to a fair share of matrimonial property which is all property acquired since the marriage by either or both parties excluding gifts or inheritances from third parties.

If the house was bought after the marriage your husband is entitled to a share of that. You are entitled to a share of his pension. All assets would usually be divided so that each person gets an equal share in value of the entire matrimonial property.

So for example if you get the whole proceeds of the house, you may not be entitled to anything else depending on the values concerned.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
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Customer: replied 3 years ago.

Thank you. That is helpful