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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10260
Experience:  30 years as a practising solicitor.
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If I separate from my wife can she claim on 2 rental properties

Resolved Question:

If I separate from my wife can she claim on 2 rental properties I have. One of them I had before we met but we lived in it together for a year before getting married. The other was bought with the profits of a property I sold during marriage but had prior to us meeting. I also put savings I had before we met into our marital home of around £70000 am I entitled to get this back prior to splitting any profits. We have 2 children aged 7 and 13.
Submitted: 10 months ago.
Category: Scots Law
Expert:  ukfamilysolicitor replied 10 months ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask: - how long have you been married?- what other matrimonial assets are there? including pensions? Kind Regards Caroline
Customer: replied 10 months ago.
We have been married for 16 years. My wife has two pensions from previous employments in the sheriff court and Royal bank of Scotland. She now works part time with east Lothian council and not sure of her pension. I have had a personal pension only paying £130 per month for 27 years and a work pension for the last 10 years.
Expert:  ukfamilysolicitor replied 10 months ago.
Hello are you in Scotland? Kind Regards Caroline
Customer: replied 10 months ago.
Yes.
Expert:  ukfamilysolicitor replied 10 months ago.
Thank you for confirming that. I am a Solicitor in England and the laws are different here. I will opt out so that one of my colleagues can assist you. Kind Regards Caroline
Customer: replied 10 months ago.
Has this been passed on to a Scottish colleague to answer?
Expert:  JGM replied 10 months ago.
I am a solicitor in Scotland. The rental property you had before your marriage is excluded from matrimonial property. The other one would be included as it was purchased during the marriage but you could argue that as the source of funds was from your own resources that it should be discounted. The family home is treated differently. It would fall to be divided equally even though you elected to contribute personal funds to it. It will be divided equally. As will the value of the pensions although they will be apportioned so as to exclude the periods before marriage and after the separation. The exact formula for this is contained within The Divorce etc (Pensions) (Scotland) Regulations 2000 Regulation 4. Happy to discuss further. I hope this helps. Please leave a positive rating so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10260
Experience: 30 years as a practising solicitor.
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