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JGM, Solicitor
Category: Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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I am looking to find out my position in Scottish Law, I live

Customer Question

I am looking to find out my position in Scottish Law, I live in Scotland UK. I am looking to find out my position if I split up / divorce my husband of almost 3 years. We own our house outright, the house was a shell & this was paid for and refurbished with the money from the sale of my flat before we were married. I was advised against doing it but purchased the property in joint names so I believe he now automatically is entitled to 50%? Our relationship is breaking down due to our disagreement on his binge drinking - we have a 2 year old child. Last year unknown to me he ran up about £7k worth of debts & our relationship was at breaking point, he had taken out loans, credit cards, taken cash out on credit cards etc and could no longer make the payments. He has ended up taking out a Trust Deed (in his name only) to get out of this situation. Obviously this property is named on this as his 50% share. If we split up can the Trust Deed force the sale of our house to get his 50% equity? And if not, how would it work ref the property, ie would I get to stay in the property as we have a child? Etc He always said he would ever take the house from me but things have now got nasty & I think he will. He has a pension and also works part time.
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
The general rule in Scotland is that married couples split assets and liabilities between them equally on a separation. However, as with all general rules there are exceptions, one of which is that, although no account is normally taken of the parties' behaviour when calculating financial provision, the court can do so where the behaviour has had an adverse effect on the matrimonial assets, ie, he has drunk or gambled them away. So whilst you are correct in saying that a trustee under a trust deed can seek payment from his interest in the house, you should seek a greater portion of the matrimonial assets to compensate for this on the basis that he has caused the situation to start with. His pension would also have to be taken into account insofar as the portion accrued during the marriage is concerned and he would be liable for child support in addition. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.