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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11567
Experience:  30 years as a practising solicitor.
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I have been married since 2010, the house was bought by my

Resolved Question:

I have been married since 2010, the house was bought by my husband before we met & is in his name. I have lived in the house for 10 years. If we separated would I have any claim to the property. I reside in Scotland. We are looking to get things on an even keel financially and I would like my name in deeds however my husband thinks I will then be entitled to half of the house. We are exploring ways of moving forward. Ie me taking a loan and giving him half the value. It would not be fair for me just to get half, he has paid some if his pension lump sum into the mortgage for example. We have a joint bills account, I pay more to this as I earn more, however the mortgage account is separate and he pays this.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
As things stand at present, under the law of Scotland, the house isn't matrimonial property as it was acquired pre marriage. For that reason you have no entitlement to a share of the house, were you to separate.
To remedy this, half, or some other share of the property would have to be transferred to you. If you consider itequitable to give your husband some money as consideration for the transfer there is nothing to stop you doing this but it's not necessary In order to grant you a share of the property.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
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