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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12067
Experience:  30 years as a practising solicitor.
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my wife has instigated that we should split up and that she

Customer Question

my wife has instigated that we should split up and that she no longer wishes to be with me
we have a joint account and a joint mortgage
we both wish to stay in the house,she wont move and neither will i
we have a 13 year old son living with us
what are my legal rights
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

The reason for the breakup isn't relevant in the eyes of the law. The law says that both parties are entitled to a fair share of the property accrued during the marriage. As you can't agree who is to get the house, generally a court would either order a sale or order the party that can best afford to buy the other party out to do so. In your narrative you say that is you.

However, there is still the issue of who your son is to stay with and that may not be so straightforward. The legal test for that is what is in your son's best interests. I presume you are the main earner from what you say. How will you be around for your son after school etc.

Your legal rights are identical to that of your wife. The way matrimonial property is to be divided however depends on what is the best way of reaching a fair division in the interests of you both but more importantly in the interests of your son.

Happy to discuss further but note, importantly, that you have failed to reach agreement yourself thus far. I suggest that you make further attempts to do so. If you don't then much of your assets will be taken up in lawyer's fees. I am sure that both of you, if can't agree anything else at the moment, will agree that you don't want any more lawyer involvement that is absolutely necessary.

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