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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11436
Experience:  30 years as a practising solicitor.
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Hi there, i am in Scotland, separated from husband Dec last

Resolved Question:

Hi there, i am in Scotland, separated from husband Dec last year. We are in talking terms. My name was never on the mortgage, but lived in his house for 10 years. I don't know where to start what I am entitled to? I obviously contributed to bills.

Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a Scots lawyer and will help you with this.
When did he buy the house? When did you marry. Do you have children?
Customer: replied 2 years ago.

Hi there

the house was bought by my ex husband in 1996 for 63K. We got together in 2002. I moved in in April 2004 and moved out in Jan 2014. We married in Aug 2005. Separation Date 20 Dec 2013.

We put an extension on the house in 2006. The house is worth about 180K at the moment. We don't have children.

Many thanks

Nadin

Expert:  JGM replied 2 years ago.
As the house was bought before you married, it is not matrimonial property and you don't have a claim on it. You have a claim for a fair share of all matrimonial property accrued during the course of the marriage including pensions but excluding gifts or inheritances from third parties.
Depending on your respective incomes you may also have a claim for maintenance for a period of time.
Happy to discuss further.
Customer: replied 2 years ago.

So even though I have lived in the property and contributed to bills etc. I am not entitled to anything? I thought there was a thing about value increase during the time I lived in the property that I might be entitled to? As I have paid bills etc. which obviously contributed to the household. I also initiated loft insulation, cavity wall insulation. Paid for windows, insurance during that time.

So no rights towards property at all?

Many thanks.

Expert:  JGM replied 2 years ago.
You're not entitled to recompense for bills paid from income. However, if you have contributed capital to the family home which has improved it you would have a claim for a capital payment to recompense you on the basis that you don't have an entitlement to a share of value of the house.
JGM and other Scots Law Specialists are ready to help you