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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12196
Experience:  30 years as a practising solicitor.
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What am I entitled to if my husband and I split up the home/mortgage

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Hi what am I entitled to if my husband and I split up the home/mortgage is in his name we have a ten year old girl
Thanks for your question. Each case is decided on its own facts but in general terms the law is that all assets and liabilities accrued during the marriage are split equally, irrespective of whose name they are in. That includes houses, mortgages, savings, loans, pensions and investments. Excluded are gifts and monies inherited from third parties. Note that even if your name isn't on the title your husband can't make you leave the family home. You have occupancy rights under matrimonial homes legislation. Indeed if your husband tried to throw you out you could go to the court and have him excluded from the house. Assuming you have control of your daughter he would also be liable to pay child maintenance. If he has a better income that you, he may also have to pay you maintenance for a period. The law is in the Family Law (Scotland) Act 1985 and the Matrimonial Homes (Family Protection) (Scotland) Act 1981 both of which are available online. I hope that helps. Happy to discuss further. Please leave a positive rating so that I am credited for my time.
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