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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10897
Experience:  30 years as a practising solicitor.
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I have been divorced from my ex husband months prior

Customer Question

I have been divorced from my ex husband for 18 months prior to thatwe had been sparated for 7 years. He resides in the marital home where he is paying an interest only mortgage. I remarried in April and my husband has bought a house where we will both be living, my name is ***** ***** the mortgage as i am still liable for the mortgage with my ex husband. I divorced simply 18 moths ago as I knew it would be costly to take my ex to court to get him to sell the house. There is very little equity on the house and he has done nothing to it since i moved out. He is a heavy drinker and spends all his money on drink, he still works. My concern is that when the mortgage is due to be paid he will hand the keys back and claim bankruptcy....I am frightened this could affect my husband and our home.Oh my ex husband has a well paid professional job and could well afford to have moved out long before this and bought himself a smaller home. Can you advise as my new husband and I have opened a joint bank account to pay for all the bills in our new home. Also i recently retired due to ill health (breast cancer) and received a lump sum for a pension some of which is going towards our new house. Can you advise. We live in Scotland.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
If the house you have with your second husband is solely in his name, then it couldn't be touched by the creditors in respect of the mortgage on your old home. Any assets which are joint or solely in your name would be vulnerable and I suggest you take steps to deal with this, presumably by using accounts only in your husband's name.
However the situation is not ideal and I think you should raise proceedings for division and sale now so as to force your husband to either buy you out or have the court sell the house. He has no defence to such an action and you are entitled to a court order.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10897
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi

Thank you for your response. Can I now go to a lawyer and ask him to raise proceedings for division and sale of the property?

Expert:  JGM replied 1 year ago.
Yes you can.

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