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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11423
Experience:  30 years as a practising solicitor.
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If a mortgage was originally taken out in one name then

Customer Question

If a mortgage was originally taken out in one name then after a year of one person paying the mortgage and the bills, your spouse is added to the title deeds and a couple of months later you decide to split up, sell the house, should the proceeds be divided equally
Submitted: 1 year ago.
Category: Scots Law
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- is divorce contemplated?

- are there any other assets of either party of the marriage including pensions?

- any minor children?

Kind Regards

Caroline

Customer: replied 1 year ago.
The divorce will happen eventually but at the moment it is just the question of should the proceeds of the sale be split 50/50.
Karen
Expert:  ukfamilysolicitor replied 1 year ago.

Dear *****

Please accept my apologies.

I have just noticed that you are in Scotland. I am a Solicitor in England.

I will opt out so that one of my colleagues can assist you.

kindest regards

Caroline

Customer: replied 1 year ago.
Thank you
Expert:  JGM replied 1 year ago.

I am a solicitor in Scotland. It would be unusual for the proceeds of the house to be dealt with in isolation from any other matrimonial assets. However, the answer to your question is that if the house was bought after the marriage as a family home, it doesn't matter whether the house was bought in one name or both or was subsequently put into joint names, a house which is a family home is almost always divided equally between the parties to the marriage. However that can be affected by what other matrimonial assets and liabilities there are. I hope that helps. Happy to discuss further. Please leave a positive rating so that I am credited for my time.