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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11146
Experience:  30 years as a practising solicitor.
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In scotland if your partner inherits property, both of you

Resolved Question:

In scotland if your partner inherits property, both of you live in it as a married couple and have done a large extension to it doubling it in size, funded in part with mortgage and with my cash, what happens should you get divorced?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Normally inherited property remains with the inheritor but if it ens up as a family home in joint names with a mortgage and work done on it, it will be classed as a joint asset.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

many thanks for answer. what happens if my name is ***** ***** deeds of original property inherited? Can I get a mortgage for the extension without my name on deeds?

Customer: replied 2 years ago.

Please see question below regarding your point about it being in joint names? Please can you let me know. Many thanks, XXXXXX

Customer: replied 2 years ago.

Please see question below regarding your point about it being in joint names? Please can you let me know.

Expert:  JGM replied 2 years ago.
No you can't do that. You would have to make a capital claim for a fair share to reflect your contribution to the house. The house would be treated as a family home but not necessarily matrimonial property.
I will be offline for a few hours but will catch any addition questions later.
Customer: replied 2 years ago.

Thanks