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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10087
Experience:  30 years as a practising solicitor.
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Hi, my wife and I are looking at separating. We got married

Customer Question

Hi, my wife and I are looking at separating. We got married last year and bought a house together. I put in £25k into the house deposit as opposed to my wife's £5k.

If we end up divorcing and the house is sold, will she be entitled to half or will I be able to get the money I initially put into the house deposit?

Thanks.
Submitted: 2 years ago.
Category: Scots Law
Expert:  clairep80 replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long have you actually lived together and are there any children involved?
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 2 years ago.

Hi Claire,


 


Thanks for your response.


 


We got married on June 1st 2013, bought our house towards the end of Aug 2013 and started living together from October 2013.


 


There are no children involved.


 


There are no other assets held in joint names other than a joint bank account that was used to pay bills, mortgage costs etc. We have agreed to deposit an equal amount each month to cover our household costs, however my wife has now decreased her share leaving me to make good any shortfall.


 


My income is around £33k p.a. and my wife has advised me that her income is £30k p.a.


 


 


We also have separate credit cards. We agreed that my card was used to pay for our honeymoon and my wife's was used to buy items to furnish the house. We spent the same amount on both cards in the agreement that we pay our respective cards off, thus essentially creating it 50-50 agreement.


 


The outstanding debt on my card is approx £2k and my wife has informed me that her balance is £3k. I'm assuming that as these are separate credit cards we are solely liable for each of our balances? Would my wife be able to take the items from the house that were paid for via her credit card? If so am I able to request she pay half of our honeymoon costs?


 


Finally, we were married under islamic law (nikkah) which is recognised by Scottish law, do you know if Islamic divorce is also recognised by Scots law? Please note, as we live in Scotland I'm unsure if scots law will differ in our situation regarding joint assets/marriage etc.


 


Kind regards,


Zahid


 

Expert:  clairep80 replied 2 years ago.
Hi
Since Scottish matrimonial law is different to UK law i shall opt out and transfer you to the correct section.
There may be a short delay but please be patient - my colleagues are well worth waiting for
Clare
Expert:  JGM replied 2 years ago.
Thank you for your question.

The rule in Scotland is that everything is shared equally. That includes assets and liabilities. You would have to advance a "special circumstances" argument that you contributed more to the house than she did therefore you should get more back.

However, whilst this is an argument that has been used in the past in the Scots courts, the judges are no longer terribly keen on such an argument where the asset concerned is the family home as it is here.

Nothing you have said would lead me to say that your argument would be successful and I am of the view that if your wife insists on a 50:50 split of assets and liabilities she would be successful.

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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