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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10090
Experience:  30 years as a practising solicitor.
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My husband has just told me he wants a divorce. A little

Customer Question

My husband has just told me he wants a divorce. A little over 1 year ago I inherited a reasonable sum of money when my parents died. I transferred this money into an offset mortgage account which is in my husbands name only as due to work I was unable to attend the building society to have the account in joint names although our mortgage is in joint names. As I have transferred this into an account in his name would he be entitled to claim this a matrimonial property and therefore be entitled to his share of it ?
Submitted: 4 months ago.
Category: Scots Law
Expert:  JGM replied 3 months ago.

The general rule is that an inheritance is exempt from being matrimonial property as long as it is ring fenced from other matrimonial property. As you have transferred it into what is matrimonial, ie, the mortgage account your husband can argue for his share of it. However you have a counter argument that the money was not produced from any efforts on his part and that special circumstances should apply for that reason. So yes, the inheritance has become matrimonial property but you can argue against him sharing it. I hope that helps. Please leave a positive rating so that I am credited for my time.

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