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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 13339
Experience:  30 years as a practising solicitor.
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I am from Scotland. I have a question regarding a fair

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Hi there. I am from Scotland. I have a question regarding a fair division of money following a divorce.
My two questions are as following:
1. Before separating, my wife had a debt (and still has one) for her students loans. The debt is only on *her* name, not on mine (as it is her debt from her studies that happened prior to us getting married). Am I entitled to any of this money that we have been paying from both of our salaries towards her debt? It is a significant amount (about £300 per month for a period of over 5 years).
2. During our marriage, my parents have gifted us a significant amount of money, with the thought it will help us have a better life together. Now that we are divorcing, am I entitled to more of that money, or maybe all of it, and if so, how much?

Thank you for your questions. I am a solicitor in in Scotland. 1. Her student loan was paid from income by both of you. You can argue that you are entitled to credit in the division of monies on the basis that the debt is non matrimonial. 2. If the gifts of money have come from your parents to both of you then it falls to be divided equally. If the gifts were to you alone you would be entitled to retain them unless the money was spent or put into joint funds. I hope that helps. Please leave a positive rating so that I am credited for my time.

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