Hi, thank you for your question. Just a bit more information required to fully assist you:-How long have you been married?-Do you have any children together, if so their ages and proposed arrangements?-What pensions do you both have together with values?-What are your respective incomes?-Who is now living in the property?-Whose name is ***** ***** in?
-What is the value of property and the outstanding mortgage?
Thanks for your question. I am a solicitor in Scotland. The value of all assets accrued during the marriage with the exception of gifts or inheritances from third parties are taken into account. All debts acquired during the marriage are also taken into account. The net matrimonial property is then divided between the parties fairly. Fair sharing is generally equal sharing unless there are compelling reasons why that should not be the case. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.
Reasons for not sharing equally are: (a) the terms of any agreement between the persons on the ownership or division ofany of the matrimonial property;(b) the source of the funds or assets used to acquire any of the matrimonial property where those funds or assets were not derived from the income orefforts of the parties during the marriage;(c) any destruction, dissipation or alienation of property by either person;(d) the nature of the property, the use made ofit (including use for business purposes or as a family home and the extent to which it is reasonable to expect it to be realised or divided or used as security;(e) the actual or prospective liability for any expenses of valuation or transfer of property in connection with the divorce. As regards ***** ***** if a party had used credit cards for non family use for his or her own benefit then the court would have to take that into account, yes.