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: 11554
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

i am seperated, last five years and my husband has

Resolved Question:

i am seperated, for the last five years and my husband has taken retirement from teaching, am I entitled to the pension - also he is still in the family house and doesnt want to sell, can I get some advise on what to do?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
You are entitled to a share of his pension but as it is now in payment, you are not entitled to a share of any lump sum he received from the scheme.
As far as the house is concerned, you are entitled to a share of the value of the house and can insist on it being sold if your husband doesn't cooperat by negotiating an agreement with you.
All of this assumes that there is not already a binding written agreement in place.
In short you are entitled to a fair share of matrimonial property accrued during the marriage, less anything you have already received. A fair share means an equal share at first instance.
Happy to discuss further although you should see an experienced family law practitioner with a view to taking this forward on your behalf.
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