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JGM, Solicitor
Category: Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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If me and my wife separate what would we both be entitled to

Customer Question

If me and my wife separate what would we both be entitled to . We have a house /mortgage
Ect . I understand that we will have to sell the house also my wife has just had some inheritance money given .will she get to keep all even though I'm part of the trustee of the estate
Submitted: 4 years ago.
Category: Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

You a each entitled to a fair share of the matrimonial property that has accrued during the marriage. That includes the house, money, shares, policies and pensions etc. Equally you are both responsible for debts.

The way in which the property is divided depends on the circumstances. If one party can buy the other out of the house then that is permitted. There is no law that says the house has to be sold if there are sufficient other assets to pay the other party.

You mentioned an inheritance due to your wife. That is not included I'm afraid and your wife can keep this for herself the fact you are a trustee doesn't matter.

Happy to discuss further. There is also a good website you might want to look at. See which was written by a Scots family lawyer.

Please leave a positive response so that I am credited for my time.