How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12067
Experience:  30 years as a practising solicitor.
Type Your Scots Law Question Here...
JGM is online now

I live in Scotland. I have been married 19 years with 2

Customer Question

I live in Scotland. I have been married for almost 19 years with 2 children 15 years old & 12 years old. The family home is in my Husbands name only as is the mortgage,i work part time & contribute to the mortgage & household bills. My Husband purchased the house 9 months before we got engaged, we were married 9 months after engagement. Am i entitled to half of the property if we were to split up?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

Did you live in the house with him from the date of purchase? At that time had you planned to get married even if you weren't engaged at that time?

Customer: replied 1 year ago.
I did not live with him in the house until we were married, we had discussed marriage before he purchased the house, the house is in the village where i grew up & lived, he lived in another town before he purchased the house.
Expert:  JGM replied 1 year ago.

Matrimonial property is defined as property purchased after the marriage or in contemplation of marriage. It would appear from what you say that the house was bought in contemplation of marriage; you had discussed marriage and he bought the house in a place that you had a connection with. It's not black and white but the fact you did get married and lived in that house would be strong evidence that you would be entitled to a fair share of it. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 1 year ago.
Would it benefit me to have my name added to the title deeds?
Expert:  JGM replied 1 year ago.

Yes it would. Your husband and the mortgage lender would have to agree.

Customer: replied 1 year ago.
We only have 1 car, i need it to get to my place of work as there is bery little public transport here, would i be able to keep the car? it is all paid for mainly by me from my wages
Customer: replied 1 year ago.
The car is registered & insured in my name. My Husband wirks off shore & gets transport arranged by his employer ti take him to & from work.
Expert:  JGM replied 1 year ago.

That question would have to be answered with reference to what other assets that are in the marriage.. However if you are using the car for what it would be reasonable that you should continue to do so. It is not a question that can be answered in isolation, however.

Customer: replied 1 year ago.
Back to the family home, if we decide ti seperate, would i be expected to move out of the family home even though i am the main carer for our 2 boys as my Husband can be awa off shore for 30+ days at a time.
Expert:  JGM replied 1 year ago.

No, not at all. You have occupancy rights in the house and have the right to stay there irrespective of ownership. He can't insist that you leave.

Customer: replied 1 year ago.
I would just like to thank you very much for your help, you have answered my questions that have been concerning me.
Expert:  JGM replied 1 year ago.

You're welcome. Don't forget to leave a positive rating so that I'm credited for my time.