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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11551
Experience:  30 years as a practising solicitor.
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Not long after arriving on [scottish island] to Live permanently,

Resolved Question:

Not long after arriving on [scottish island] to Live permanently, my wife expressed her concerns about being isolated from friends and family. She bought a sequence of houses, each more ‘liveable’ in than the previous with the idea of spending more winter time on the mainland, which we did. This created a rift between us I was contended on the island.
The problem became gradually more and more divisive over the years until on the 2nd of July this year we had a final talk about it. She asked me finally what I wanted to do about the house [island] and I replied that I wanted to stay here [island] She then asked if where I lived was more important than our relationship and I replied; ‘that’s not what I said.’ She became very upset then left for her son’s in Jersey the next day. She did not return afterwards but went to the Milngavie house, where she has been since.
She has been back to the house [island] several times for short breaks, for which I have moved out.
She now states that she has changed her mind about living on Bute and now wants me to leave. My own view is that she will continue to be based on the mainland and sees the house as a second home and an inheritance for her adult children.
I feel that, the ten or so years of angst about LM living on the island appears to have undergone a complete reversal since our separation and that what she is expecting is very unfair. It is virtually impossible to buy another house on the west side of Bute; certainly not with the assets I may be left with and the house we built here is quite unique in that respect.
I have never wavered in my wish to remain here for the time I have left, and feel that what LM now ‘requires’ is inconsistent and unfair. I have no real wish to pursue her assets; only to remain in this House. both houses are in her name for business reasons but she acknowledges that half the island house is mine. there are no mortgages
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
If both homes were purchased during the marriage, they both fall within the ambit of matrimonial property. Can you confirm your specific questions about the scenario you have described in detail. I am a solicitor in Scotland and will help you with this.
Customer: replied 1 year ago.
we built the island house on a plot purchased in her name before the marriage. the other houses were bought sequentially by her after the marriage. She maintains that they were bought from the proceeds of her house [the one she lived in before we met] it sounds complicated, but isnt... and not easy to set out this way. I have summarised it in a document but cant attach it here.My question is; she now wants this house and I want to stay here. Can she force me out?
Expert:  JGM replied 1 year ago.
The island house is matrimonial property to the extent that it was built after the marriage even if the plot was bought before the marriage as there was a joint contribution to the construction, I assume this because of your use of the word "we".
The other home is matrimonial property as it was purchased after the marriage and it was also a matrimonial home. She may have a source of funds argument but the courts don't like such arguments nowadays where it is established that the property was used as a family home.
I think you have enough to to argue that she keeps one house and you keep the other, subject of course to what other property there is that falls to be divided as matrimonial property under the Family Law (Scotland) Act 1985. At some stage you will need a detailed meeting with a solicitor face to face to discuss your specific situation.
In the meantime I hope this helps. Happy to discuss further. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.
thanks. re the built house; it was underway before the marriage but the completion certificate was issued after the marriage if I remember right. She has considerably more cash assets than me, which I have no interest in, should I get the house. where in Scotland are you based?
Expert:  JGM replied 1 year ago.
The division of matrimonial property will depend on the values. I can't say who will get what without knowing all assets and liabilities as at the date of separation. I am based in Glasgow.
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