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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12081
Experience:  30 years as a practising solicitor.
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I currently own a home with my husband and we rent this out.

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I currently own a home with my husband and we rent this out. we live in a property owned by his parents. i want a divorce so what rights do i have in staying in his parents property with my young child? Would this depend on his parents? I am happy to move with my child to another property but we do need to sell our current one we rent before i can afford to do so. Also how will it be decided who our child lives with? Susan
Thank you for your question.

You have no rights of ownership in this property but as you occupy it as a family home you have occupancy rights in the house and can't be forced to leave it under the Matrimonial Homes (Family Protection) (Scotland) Act 1981.

Where your child stays will depend on whether you agree something with your husband or not. If you do then that problem is solved. If you don't then a court will decide having regard to the evidence of what is in the best interests of the child.

Happy to discuss further.

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