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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10270
Experience:  30 years as a practising solicitor.
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, my husband and I have been together 10 years, we married

Customer Question

Hi, my husband and I have been together 10 years, we married 30/9/10 on our daughters 3rd birthday.
Just after Christmas my husband told me he wants me to leave the house and my daughter.
I refused and have been battling to save my marriage since. I work full time and my husband took early retirement 2 years ago. He has told me he is depressed, but will not speak to anyone about this. He refuses to talk about the present situation and has also been seeing another woman. Our daughter is 7 years old.
The family home is in my husbands name as he owned the house before we got together.
I am terrified I'm going to lose my home and my daughter.
We live in Scotland, UK
Please help me.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
He can't ask you to leave. Even though he owns the house and it isn't part of the marital assets as he owned it before you were married, it is what is called a matrimonial home. Under legislation you have the right to occupy a matrimonial home with your daughter unless a court says otherwise. A court would only cancel your occupancy rights if you were being abisive or violent towards your husband.
So you can't be forced from the house.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10270
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
He has threatened to change the locks when I'm out.
Can he do this? Effectively evicting me from home and away from daughter
Expert:  JGM replied 1 year ago.
No he can't. He would then run the risk of you getting a court order for him to leave the house because of behaviour likely to be injurious to the physical or mental health of you and your daughter.
Customer: replied 1 year ago.
Where do I stand if we divorce. Re the house and my daughter
Expert:  JGM replied 1 year ago.
Occupancy rights come to an end on divorce. You would have to ask the court to make financial provision for you and your daughter based on your entitlement to a share of matrimonial assets and/or spousal and child maintenance.
What you are entitled to depends on what resources there are.
Customer: replied 1 year ago.
Can I refuse to sign divorce papers
Expert:  JGM replied 1 year ago.
You don't have to consent. He would have to wait two years to do it without your consent and even then you could counterclaim for financial provision.
Customer: replied 1 year ago.
If we divorce can I take my daughter? He says no I cannot.
Expert:  JGM replied 1 year ago.
You each have equal parental rights to your daughter. Where she stays after a separation will be determined by what is in her best interests.
Customer: replied 1 year ago.
So if we divorce I can leave with my daughter? Unless a court says otherwise?
Expert:  JGM replied 1 year ago.
Yes
Customer: replied 1 year ago.
If I leave can I take any furniture with me, that was purchased during the marriage?
Expert:  JGM replied 1 year ago.
Furniture purchased during the marriage is jointly owned. You're entitled to a fair share of it.

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