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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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Marital home is in both names (23 years) but my husband purchase

Customer Question

Marital home is in both names (23 years) but my husband purchase another property(6 years ago) whilst married that we don't live in but his mother lives in, as she rents her flat out and the rent pays part of the mortgage. This second property is only in my husbands name and the mortgage for this property. The mortgage payments come out of a joint account. If my husband and i separate am i entitled to half of the value of the second house as well as half of the marital home we live in??
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

The second property is matrimonial property and you would be entitled to a fair share on divorce. This would be an equal share unless you husband successfully argued that the property should be left out of account because of any special circumstances, such as whose efforts and resources went into the purchase and upkeep of the property for example.

Happy to discuss further.

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