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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12191
Experience:  30 years as a practising solicitor.
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can I claim back any moneys paid toward marital debts after

Customer Question

can I claim back any moneys paid toward marital debts after our separation date, if co how do I go about doing so?.
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Marital debts are a joint liability so yes you can, depending on what matrimonial property is in the hands of each party.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 4 years ago.

how do I go about claiming the dued moneys.

Expert:  JGM replied 4 years ago.
What stage are you at regarding divorce or separation?
Customer: replied 4 years ago.

all posesions have been devided and she has moved out just over a year ago. two weeks ago I signed a letter consenting to a divorce. and not heard anything else since

Expert:  JGM replied 4 years ago.
You have to withdraw your consent to the divorce first and foremost. After the divorce is finalised you can't do anything about it.

So you have to withdraw consent and then make a claim to your wife for reimbursement via the court if necessary. See your solicitor as soon as you can.