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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12081
Experience:  30 years as a practising solicitor.
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My husband bought a second property not our marital property

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My husband bought a second property not our marital property 6 years ago.It was meant to be put into both our names but my husband did not do this. It was paid out a joint account until 6 months ago. My husband says if we split up i would not be entitled to any money from this, only our marital home. Is this correct??? Even though it was bought when married and paid from a joint account for 6 years. He has paid the mortgage for it since.Should i pay him half the mortgage money so that i would be entitled to half if we divorce?? Scottish Law please. I know i am entitled to half my marital home that we both live in together but this second property has my husbands mother living in it which she does not pay us any money for other than the money we receive from her flat that we rent out. The remaining mortgage payments was originally out our joint account. What are my rights on divorce??.

Thank you for your question.

That is not correct. You are entitled to your share of this house too as it is matrimonial property and falls within the Family Law (Scotland) Act 1985. Only property bought before the marriage and property gifted or inherited by or from third parties is exempt.

Who pays the mortgage doesn't matter and in whose name the title sits doesn't matter.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

I asked this question previously in Sept 2013 and you answered this question then but my husbands says because he has renovated all the house, his time and money i am not entitled to half.

It's a matrimonial asset to which you are entitled to a fair share. Whether this is a half share or another share depends on circumstances. Your husband might argue that he should get a higher share because he has contributed all the costs. But it can't be looked at in isolation as you will have contributed to other things, perhaps the family home, bringing up children, etc etc.

You can't look at one asset is isolation.
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