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JGM, Solicitor
Category: Law
Satisfied Customers: 15525
Experience:  30 years as a practising solicitor.
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My husband and I are in the process of trying to come to an

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My husband and I are in the process of trying to come to an agreement on a financial settlement before we proceed with the divorce under Scots Law. I have a query regarding our family home. Minus the mortgage, the current value of the property is £305,000. When purchased back in 2002, I paid £20,000 for the deposit out of money I inherited from a great aunt, and my husband sold his flat, and the £130,000 of the £150,000 deposit was provided from this sale. What would you recommend to be the fairest way to split the property? Are we both entitled to the deposits we paid separately back, as well as the current value of the house split between us?
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: We are trying to find a lawyer currently, this is just so I can be armed with the information. We are residing in Scotland, the house has been purchased in Scotland, and we would be under the jurisdiction of Scots Law.
JA: What steps have you taken so far?
Customer: We have gathered a list of our assets together, my husband is now residing in rented accommodation, I am still in the family home#
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, thank you

Thanks for your question. I am a solicitor in Scotland. The current value of the house would fall to be divided between you equally after deduction of the mortgage. The family home is almost invariably divided on a 50:50 basis irrespective of contribution, especially after 17 years. That is what the court would do. If you and your husband want to split it differently then you are free to enter into an agreement reflecting that. I hope that helps. Please leave a positive rating so that I am credited by JustAnswer for helping you today.

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