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JGM, Solicitor
Category: Law
Satisfied Customers: 13321
Experience:  30 years as a practising solicitor.
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My husband and I have separated the house is in my name only

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My husband and I have separated the house is in my name only what happens next
Assistant: Where are you located? It matters because laws vary by location.
Customer: Scotland
Assistant: Has anything been filed or reported?
Customer: Not that I am aware of
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: No I just want to know where i stand

Thanks for your question. I am a solicitor in Scotland. When were you married and when was the house bought?

Customer: replied 1 year ago.
Married in November 2015.
House bought in 2004.
Customer: replied 1 year ago.
I also have a pension from my first husbands death. Will that be affected?

He has no claim on the house or the pension. Anything acquired in contemplation of marriage or after the marriage would be termed matrimonial property and subject to division. Anything prior to the marriage and unrelated to the marriage is not taken into account. I hope that helps. Please leave a positive rating so that I am credited for my time.

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Customer: replied 1 year ago.
My husband has spoken to a lawyer and they have stated that he is entitled to half my widows pension from the date of the marriage until now. Is that correct? Can you advise me re savings and credit cards and loans in my name only. He also has a car and savings accounts? Thanks in advance.

I don't agree with the statement that he is entitled to half your widows pension. He is entitled to a pension share of any value of pension accruing during the course of the marriage but a widows pension wasn't contributed to as a result of the income and efforts of the parties during the marriage. It arose from the income and efforts of your late husband. I would be opposing any suggestion that your widows pension is considered relevant. Savings on the one hand and debts on the other are only taken into account insofar as they arose during the course of the marriage. Anything premarriage is not taken into account. The same applies to a car. Whether it is taken into account as matrimonial property depends when it was acquired. Frankly your marriage is so short there will be very little to be counted as matrimonial property.