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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11745
Experience:  30 years as a practising solicitor.
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if i leave my husband after 40yrs and he is living in house

Customer Question

if i leave my husband after 40yrs and he is living in house we own no morgage does he have to pay me any money
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
You are both entitled to share equally in the matrimonial assets. If his income is higher than yours and depending on your outgoings he may also have to pay you maintenance for a period of time.
So that I can help you further could you explain your situation a little more?
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

have left my husband as we are always arguing and he is in our home he earns £2000 a month and i earn £500 a month i can not afford to rent a flat so was wondering if he would have to pay me any money as he is in our home with no morgage

Expert:  JGM replied 3 years ago.
Yes, from what you say he would have to maintain you and pay towards your future outlays. The house may also have to be sold as you are entitled to a fair share of all matrimonial property. After 40 years that is likely to be a half share of everything including the house, pensions, investments etc.

Until then you are entitled to what is called interim aliment which is the legal word for maintenance that your husband has to pay until the division of matrimonial property is agreed or determined by the court.

Happy to discuss further.
Customer: replied 3 years ago.

so how much maintenance would he roughly have to pay me the £2000 a month is what he gets after tax ect

Expert:  JGM replied 3 years ago.
What are his outgoings, and what would be yours if you separated?
Customer: replied 3 years ago.

£450 bills £240 pension plus food say 400 per month mine would be £400 to £500 rent plus bills and poll tax say £250 plus food say£150 per month

Expert:  JGM replied 3 years ago.
Sorry, just so I understand, what are the totals for him and for you. His food and bills seem much higher.
Customer: replied 3 years ago.

his total would be £1050 mine would be £900

Expert:  JGM replied 3 years ago.
Thanks for clarifying that.

You should be looking at maintenance of about £700 per month.
Customer: replied 3 years ago.

so would i get that until house was sold then would it stop

Expert:  JGM replied 3 years ago.
Yes, the argument would be that you would get such a share of matrimonial property that there would be no maintenance requirement. In other words, say, over a period three years from divorce there is enough matrimonial property to pay you an enhanced share which would mean you wouldn't have to rely on maintenance.
Customer: replied 3 years ago.

so does that mean i would get maitenance until house sold then half of house

Expert:  JGM replied 3 years ago.
I would envisage more than half to compensate for maintenance for three years after divorce.
Customer: replied 3 years ago.

thankyou

Expert:  JGM replied 3 years ago.
You are welcome.