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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11026
Experience:  30 years as a practising solicitor.
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My husband is leaving me ,our mortgage has been payed off

Customer Question

my husband is leaving me ,our mortgage has been payed off for 5 years.he was diagnosed with stage 4 cancer nearly 6 years ago and life has been very difficult since then,prior to this he had over 30000 pounds in debt,some of this has been written off and others are paid at 1 pound a month and one with barclays is on a debt management scheme he arranged through citizens advice,he wants me to give him half his share in the house idon't know if i can do that as i am nearly 55 and have no wish to remortgage and if we sell his creditors will want him to settle his debts.I feel very upset and anxious Idon't know what to do he can be bullying and manipulative
Submitted: 11 months ago.
Category: Scots Law
Expert:  hhlaw replied 11 months ago.

Hi, thank you for your question. Just a bit more information required:

-Are you in England or Wales?

-Who is living in the property now?

-Is the property in your sole names or in joint names with her?

-Has she remarried?

-Was there a court approved financial settlement as part of the divorce?

-Do you have any children together, if so their ages and proposed arrangements?

Customer: replied 11 months ago.
I am in Scotland and my husband and I both live here ,untill he moves on saturday.The house deeds are in both our names ,our children are grown up.there is no settlement or divorce
Expert:  JGM replied 11 months ago.

I am a solicitor in Scotland. I'm sorry you were put to the wrong expert. I will try to help you with this. The position in Scotland is that on a separation and divorce, all matrimonial property falls to be divided equally between the parties as do matrimonial debts. If the debts your husband ran up were in connection with the household then they would have to be taken into account in the overall financial arrangement. If, however, they were run up by him for his own personal benefit then he would have to bear the debt himself. It doesn't alter the position, however, that he is entitled to a share of the family home. Whilst you may not want to do this and to raise finance at this time in your life, if you are separating he is entitled to his share of the value of the house, either from you or by a sale. Your question doesn't say if there are other matrimonial assets, such as pensions, to be taken into account and that might later the position. I would be happy to discuss further if appropriate. In the meantime I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 11 months ago.
thankyou this was very helpful
Expert:  JGM replied 11 months ago.

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

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