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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11552
Experience:  30 years as a practising solicitor.
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My wife has left me. I have the house and pay the mortgage

Resolved Question:

My wife has left me. I have the house and pay the mortgage with no contribution from her from my bank account, we do not have a joint bank account. All bills, direct debits, mortgage etc have always been paid out of my account for the last 14 years. We have 3 school age children and live in Scotland, what is my position with regards XXXXX XXXXX ownership?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

In whose name is XXXXX XXXXX? Joint title or in your sole name? When was the house bought? When were you married?

-Could you explain your situation a little more?

Customer: replied 3 years ago.


House in joint names, owned house for 13 years, married for 12. Wifes part time income has never been used for payment of any type of bills

Expert:  JGM replied 3 years ago.
Thanks for your reply. If the house is disposed of your wife will be entitled to a half of the free proceeds of sale. The fact you have paid the mortgage and other bills over the period doesn't matter. The court treats the family home as matrimonial property which falls to be shared fairly between the parties. In this case fair sharing will be deemed to be equal sharing.
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