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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12180
Experience:  30 years as a practising solicitor.
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I live with my second wife and three children 13, 15

Customer Question

I live with my second wife and three children 13, 15 and 17.
My first wife is deceased and my children are in my care.
The marriage has broken down and I asked her to leave the home
and move to her mothers while we oraganise a divorce.
She has refused to leave and has taken legal advice which she claims
that I have to provide alernative accomodation for her.
This is not not possibe for me as I am self employed and could not afford
this. The atomosphere in the house is not good for anyone and I am concerned
how this is affecting the children.
She could easily move in with her mother or other family but refuses.
The house was bought together one year ago, mortgage and house in my name.
Your advice is much appreciated.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in Scotland and will try to help you with this.
Although the house is in your name, your wife has occupancy rights under family law legislation so you can't make her leave. At the same time you are not bound to provide alternative accommodation for her. You may have to pay her maintenance depending on your respective earning capacities.
This is, as you say, not a good situation but it isn't one for which there is an easy answer. Your wife is entitled to a fair share of all matrimonial property acquired during the course of the marriage and typically a fair share is a half share.
The only way to being this to a head is to negotiate a settlement by way of a contractual Minute of Agreement. If this isn't possible you will have to raise divorce proceedings and the court will decide what is to happen.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.