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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12072
Experience:  30 years as a practising solicitor.
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Good morning,I am in the process of being separated from

Customer Question

Good morning,
I am in the process of being separated from my wife, we will no doubt be looking to divorce. However we have not long bought a house together, both names are ***** ***** mortgage although I pay it. Q1.Can she have me removed from my house? Q2. As I am classed in the eyes of the tax office as an EX PAT as I work in Iraq, do I have to disclose my finances to a judge if it goes to court. Q3 what rights do I have as she seems to think she can have everything?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

1. She can only have you removed from the house if she can establish that your presence would cause her physical or mental harm for which she would need evidence, including medical evidence.

2. If your divorce is being deal with by a Scottish court you are subject to the orders and jurisdiction of that court and must disclose your finances.

3. The normal rule is that all property accrued during the marriage, apart from things gifted or inherited from third parties, is divided equally between the parties. Also if there is a disparity in earnings one party may have to pay maintenance to the other, usually for a period of no more than three years.

Happy to discuss further.

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


Thank you for your response, however I am still a bit confused that , I am classed as an EX PAT and I work for an IRAQI security company, then why do I have to disclose my earnings?

Expert:  JGM replied 3 years ago.
Because if it goes to court and you enter appearance in the court action you are subject to the jurisdiction of the court. If you don't disclose your finances the court will make adverse inferences.