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: 10270
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

My husband and I married in 2001. We bought our current home

Resolved Question:

My husband and I married in 2001. We bought our current home in 2004 (in Scotland), my husband moved out in 2013. The house and mortgage are still in both our names. I have paid the mortgage and all household bills from my personal bank account since we moved in, in 2004, and have continued to do so since my husband moved out. I was the main income earner during our marriage. Since he moved out, my husband has not given me any 'child support', or any other money. When he moved out, I took over responsibility for all 'family' debts, apart from my husband's car, and these amounted to well over £40,000, not including the mortgage. I have also had to pay for extensive repairs on the house over the last couple of years, as the house was very run down and is still not in great shape. As far as I can tell, having checked with the land registry and local market trends, etc, the house is worth less now than when we moved in and has virtually no equity in it (we paid £249,000 for it, I understand it is now worth around £230,000, and we have an outstanding mortgage of £170,000). I put £46,000 from the sale of my previous home into the purchase of this house when we moved in, my husband did not put any money in (we were then based in England). Could you tell me where I stand with all this in Scottish law? Can we obtain a divorce without resolving the financial issues completely? And if I continue to pay the mortgage, as well as for any repairs/updating, will this be taken into consideration when the time comes? I would like to remain in the house for the next few years, at least whlist my youngest children are still living at home - I have four children, three of who are still here, the youngest is 11, the second youngest is 21 but he has Asperger's and is also still dependent on me. Only my youngest son is my husband's biological child. Although I can pay the mortgage comfortably, and have never been in arrears, I'm concerned that I would not meet the criteria for obtaining a sizeable new mortgage on my own, especially with so much other debt still outstanding. Is it best to try to delay the divorce until I can afford to get a new mortgage in my name alone? My husband has a low paying job that comes with accomodation so he will not be looking to buy a home in the forseeable future.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
Under Scots law yo cannot divorce until all financial matters are resolved, either by agreement or by the court.
You husband is only liable to pay child maintenance for your youngest child. That will be about 15% of his salary but you can use one of the online child maintenance calculators to find out a more exact level of maintenance.
As far as everything else is concerned, the value of everything acquired during the marriage, including the house, falls to be divided fairly, having regards ***** ***** debts, including the mortgage.
In Scots law fair sharing usually means equal sharing and that does apply to the family home irrespective of where the money came from to pay any deposit at the time of purchase. Monies paid by you after the date of separation, such as mortgage, repairs etc would be costs that you would be given credit for in the event of a sale or buy out.
Your husband could insist on the sale of the house in order to realise his share. You could argue that the sale should be deferred given current personal circumstances. Both scenarios at possible and it may be that you can negotiate an agreement, usually done between solicitors with a view to entering into a written contract, called a Minute of Agreement. If negotiations break down then the court can be asked to make orders for financial provision. That however is a very expensive way of proceeding, especially where the net matrimonial assets are limited.
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.

Thank you for your reply, that's helpful. I just have one more quick question, under Scots law is there any mechanism I can use to postpone the sale of the house until my youngest child is 18, if it comes to that? I've heard various terms, such as consent orders, mentioned in other posts, but I'm not sure if these apply to Scotland or would be relevant in my case.

Sorry, just reread your answer, and I realise that this may be what the Minute of Agreement may be able to do, if it came to it. Many thanks, ***** ***** a clearer idea of how to proceed now.

Expert:  JGM replied 1 year ago.
Yes, that is what the Minute of Agreement would do. There's no such thing as a consent order in Scotland but a Minute of Agreement would deal with that type of issue.
Customer: replied 1 year ago.
I have no further questions at the moment, thank you. I think I've rated and closed this correctly but please let me know if not. :)
Expert:  JGM replied 1 year ago.
Yes you have, many thanks. If you need me again, precede your new question with "ForCustomer

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
  • http://ww2.justanswer.com/uploads/NU/nursescare4u/2013-3-31_03429_JApic.64x64.jpg findinganswers's Avatar

    findinganswers

    Internet Researcher

    Satisfied Customers:

    22
    Internet Researcher, Nurse for over 17 years, and can find answers for you!
  • http://ww2.justanswer.com/uploads/PR/ProMBA/2012-6-7_154051_beach.64x64.jpg ProMBA's Avatar

    ProMBA

    Internet Researcher

    Satisfied Customers:

    3
    I'm an owner of three businesses, with both undergraduate and graduate business degrees from top tier universities.