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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10654
Experience:  30 years as a practising solicitor.
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Having separated from my husband after 23 years of marriage

Customer Question

Having separated from my husband after 23 years of marriage I am not sure where I stand legally. I have quite a good job now but having dedicated my life to our 2 children I have no savings and cannot financially become independent. I am presently living with the children (now aged 19 & 21) in the family home but will need to get my own place somehow. Can you advice me?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a Scots solicitor and can help you with you question.
You're entitled to 50% of everything acquired during the marriage by either or both of you except property gifted by or inherited from a third party.
So all savings, investments, pensions, insurance policies etc. as far as the house is concerned if it's in joint names or one name you still get a share. You're entitled to a share of his interest in his business anyway even if he's put it in the name of the business.
You may also be entitled to maintenance depending on your respective incomes.
The court may also have the power to transfer the house to you depending on the overall financial position. You should put together a detailed note of the family finances and wealth insofar as you can and see a solicitor for detailed advice.
In the meantime I am happy to help further.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10654
Experience: 30 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your reply. I know the house was financed by his business but as we got a sitting tenants discount from the local authority I am not convinced that it will be in the business name. Any correspondence I can find from the firm that handled the sale is addressed to us as a couple. I was hoping that I could get him to just sign the house over to me ( its estimated value is only £60,000 - £70,000) and then I would not need to touch his business or pensions etc as my Son also works with his Dad and I have no wish to damage his future employment. Do you think this is reasonable? There is no mortgage on the house it has been paid in full.

Expert:  JGM replied 2 years ago.
Whether that is reasonable depends on the value of the business and other assets but if you agree to that split there is no law that would prevent such an arrangement.
Note that if you bought your house from the council they would not have allowed it to go in the name of a business.
Customer: replied 2 years ago.

Thank you, ***** ***** most helpful! There are no assets to speak of from the marriage as he has been in a business partnership and everything has been ploughed into that over the years. We know the rough value of the house and the car is paid off and worth practically nothing now. For comparison purposes If I did decide to go the legal route and ask for a share of his business interests, what percentage is that likely to be? this will allow me to work out if asking for the house is going to be reasonable and not asking too much. I have no wish to cause him any financial hardship I just need my independence.

Expert:  JGM replied 2 years ago.
You would be looking for 50% of the value at the date of separation.
Customer: replied 2 years ago.

Thank You ! Now I can make a comparison between 50% of his business interests and the estimated value of the house and see If it seems a reasonable settlement that does not adversely affect his future or my Sons. You have been most helpful.

Tracy

Expert:  JGM replied 2 years ago.
You're welcome.

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