How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11135
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

If a legal separation was put in place in 1992, but the couple

Resolved Question:

If a legal separation was put in place in 1992, but the couple started living together again three years ago .Does the legal sseparation regarding money and property still apply. Even when one of the party has sold their property to move back .
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.
Could you explain a little more about the background to your question please?
Clare
Customer: replied 2 years ago.

My husband and I had a legal separation put in place, then ten years ago we got back together. Three years ago I sold my property to move in with him as husband and wife. The relationship is not working out what I want to know is am I entitled to any money from him or do I make myself homeless with no assets.

Expert:  clairep80 replied 2 years ago.
Hi
Which part of the Uk ar eyou in - and what did you do with the proceeds of the sale of your property?
Clare
Customer: replied 2 years ago.

I live in Scotland

And with the money from the sale i have upgraded the house we have bee living in and still have about 10,000 left.

Expert:  clairep80 replied 2 years ago.
Hi
Scottish matrimonial law is different to that her ein England and Wales so I shall opt out and transfer you to the correct section
Clare
Expert:  JGM replied 2 years ago.
Thank you for your question.
I am a Scots solicitor and will help you with this. Did you and your husband divorce after the initial separation?
Customer: replied 2 years ago.

Hi, no we never divorced after the separation was put in place

Expert:  JGM replied 2 years ago.
That being the case there is a material change of circumstances and the original Minute of Agreement would fall to be varied so as to ensure that on a further separation there would be a fair division of assets as at the date of the further separation. The terms of the separation agreement would fall to be disregarded insofar as the period from the reconciliation to further separation.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11135
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you