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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11154
Experience:  30 years as a practising solicitor.
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I live in Scotland, I am married but lived apart from my

Resolved Question:

I live in Scotland, I am married but lived apart from my recently deceased husband, he lived in the matrimonial home and he was the sole owner but I was told when contemplating divorce it would be regarded the matrimonial home as it was purchased contemplating marriage of which there is no question. he has left this property in his will to non family members and if I had divorced him would have been entitled to 50% of the home so how can he bequeath our home without my permission or knowledge and what recourse do I have? we never had a legal separation agreement and neither of us instigated divorce proceedings. there are no children of our marriage. I currently rent a property from a local authority as do not have the income to purchase a home and no maintenance was paid by my husband. I left him due to domestic violence.
Submitted: 11 months ago.
Category: Scots Law
Expert:  JGM replied 11 months ago.

Divorce law is different from inheritance law. Your late husband was allowed to bequeath the house to whoever he wanted to. You can't start divorce proceedings as he is now dead so you can't argue division of property rights on divorce as there can't be a divorce. He is dead and can leave his property to whoever he wants via his will.

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