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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10100
Experience:  30 years as a practising solicitor.
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I live in Scotland. I have been married 19 years with 2

Customer Question

I live in Scotland. I have been married for almost 19 years with 2 children 15 years old & 12 years old. The family home is in my Husbands name only as is the mortgage,i work part time & contribute to the mortgage & household bills. My Husband purchased the house 9 months before we got engaged, we were married 9 months after engagement. Am i entitled to half of the property if we were to split up?
Submitted: 5 months ago.
Category: Scots Law
Expert:  JGM replied 5 months ago.

Did you live in the house with him from the date of purchase? At that time had you planned to get married even if you weren't engaged at that time?

Customer: replied 5 months ago.
I did not live with him in the house until we were married, we had discussed marriage before he purchased the house, the house is in the village where i grew up & lived, he lived in another town before he purchased the house.
Expert:  JGM replied 5 months ago.

Matrimonial property is defined as property purchased after the marriage or in contemplation of marriage. It would appear from what you say that the house was bought in contemplation of marriage; you had discussed marriage and he bought the house in a place that you had a connection with. It's not black and white but the fact you did get married and lived in that house would be strong evidence that you would be entitled to a fair share of it. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 5 months ago.
Would it benefit me to have my name added to the title deeds?
Expert:  JGM replied 5 months ago.

Yes it would. Your husband and the mortgage lender would have to agree.

Customer: replied 5 months ago.
We only have 1 car, i need it to get to my place of work as there is bery little public transport here, would i be able to keep the car? it is all paid for mainly by me from my wages
Customer: replied 5 months ago.
The car is registered & insured in my name. My Husband wirks off shore & gets transport arranged by his employer ti take him to & from work.
Expert:  JGM replied 5 months ago.

That question would have to be answered with reference to what other assets that are in the marriage.. However if you are using the car for what it would be reasonable that you should continue to do so. It is not a question that can be answered in isolation, however.

Customer: replied 5 months ago.
Back to the family home, if we decide ti seperate, would i be expected to move out of the family home even though i am the main carer for our 2 boys as my Husband can be awa off shore for 30+ days at a time.
Expert:  JGM replied 5 months ago.

No, not at all. You have occupancy rights in the house and have the right to stay there irrespective of ownership. He can't insist that you leave.

Customer: replied 5 months ago.
I would just like to thank you very much for your help, you have answered my questions that have been concerning me.
Expert:  JGM replied 5 months ago.

You're welcome. Don't forget to leave a positive rating so that I'm credited for my time.

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