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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12188
Experience:  30 years as a practising solicitor.
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my husband committed adultery and has left the marital home,

Customer Question

my husband committed adultery and has left the marital home, his lawyers have sent me a minute of agreement stating we won't touch each others businesses, but I have to vacate the marital home by 31st march, basically what are my rights regarding the marital home which is part of a tenant farm?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
Who is the named tenant?
Customer: replied 3 years ago.

The named tenant is the firm of which farms which my husband is a partner in.

Expert:  JGM replied 3 years ago.
Thank you. Did you ever sign a renunciation of your occupancy rights in the house?
Customer: replied 3 years ago.


Expert:  JGM replied 3 years ago.
In that case you have rights under the Matrimonial Homes (Family Protection) (Scotland) Act 1981. The law says that you have a right to occupy the house and your husband cannot ask you or force you to leave without a court order. The Minute of Agreement presumably has a clause in it asking you to waive your occupancy rights. Do not sign any agreement until you have seen your own lawyer.
Happy to discuss further.