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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11751
Experience:  30 years as a practising solicitor.
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My husband left me unexpectedly 3 weeks ago. He has not income

Resolved Question:

My husband left me unexpectedly 3 weeks ago. He has not income and hasn't had a job for many years. We have 2 kids (5 & 7) and he is living at a friend's house. He demanded that I pay him for any childcare he does. I've refused and he's now demanding an allowance from me which I am now paying to ensure my son gets picked up from nursery - is he entitled to this?
He has a PhD but hasn't worked in year. There was no agreement for me to work & him to stay at home - in fact this was a key reason in the breakdown of the marriage
I live in Scotland
Thanks
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
He is living in a friend's spare room. I asked him to look after the kids on Thursday evening as I have to attend a work event - he initially said he would if I paid him. I refused. This evening he phoned and said he now wants the kids to live with him 3 nights a week (in addition to the afternoon childcare he does on a Tue & Thurs). I'm suspicious of why the sudden change of heart.Also I don't think the 3 of them sleeping in one room is appropriate for regular child care. He is planning on removing the 2 single beds from our spare room (he has keys for the house). I've asked him not to but he's said we got them from his parents (before we were married but living together). Can he remove these beds or are they marital property?
Expert:  JGM replied 1 year ago.
Under section 1 of the Family Law (Scotland) Act 1985 one spouse has a duty to maintain the other so it may be that your husband is due maintenance if he is not working and you are. He would of course have a duty to try to get a job as well. You are not, however, due to pay him for babysitting his own children. He won't get the children three nights a week unless he has proper accommodation for them and one room whether or not he get the beds from the family home would not be suitable. The beds are marital property and he is entitled to share them. However, he should not be removing property from the family home without your agreement or a court order. You may want to consider getting a court order stopping him from removing any items from the family home as an interim measure. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.
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