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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11672
Experience:  30 years as a practising solicitor.
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Under what circumstances can one party in a home be offered

Customer Question

Under what circumstances can one party in a home be offered 0nly 25% of the total value in a separation. One party only offers to give the other the twenty five %, the marriage was conceived 1988 with the party applying for separation 31st October 2013
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

An equal division of a house might happen where the house was bought by one party who contributed a greater share or where one party is getting a larger share of other assets such as money or a pension. Or where one party has need of a larger house than the other because of children staying at home.

If you can give me more information about the case you are referring to I am happy to help further. The general law is that all marital assets are to be fairly shared between the parties to a marriage. Fair sharing means equal sharing unless there are special circumstances justifying a departure from the equal sharing rule such as the couple of examples above.

I hope this helps. Please leave a positive response so that I am credited for my time.