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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 13484
Experience:  30 years as a practising solicitor.
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My husband and I are having an acrimonious situation. I am

Customer Question

My husband and I are having an acrimonious situation. I am partially disabled. He won't give me any access to funds as it is all in his name and I have been stupid doing that. He is now refusing to pay the mortgage or anything related to the marital home. The police have been involved as he was a missing person. I had to get a beloved pet put to sleep and he is refusing to pay for this now. Saying he wants me locked up in a mental institution so that he can have his home back. We both jointly own this. Can you tell me how I get access to funds also to pay for everything. Thank you. *****
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

Thanks for your question. I am a solicitor in Scotland. You will qualify for legal aid by the look of what you have written. You need to see a solicitor immediately and apply to the court for interim aliment which is an order making him pay maintenance to you. You should also think about raising a divorce action with an application for payment of a capital sum based on a fair division of matrimonial property. The law says that all assets accrued during the marriage have to be shared fairly. Usually that means equally. The law also says that one spouse owes a duty of aliment to the other and that would include an order that he pay the mortgage. Please find a good family lawyer quickly so as to get the orders you need before you get into serious financial difficulties. You can call the Law Society of Scotland and they will put you on to a family lawyer in your area. See I hope that helps. Please leave a positive rating so that I am credited for my time.