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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 13796
Experience:  30 years as a practising solicitor.
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Married couple with the marital home in husbands name only

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Married couple with the marital home in husbands name only but wife has paid over £100,000 into it. If divorcing is wife entitled to a share of the house?
JA: What steps has the wife taken? Has she filed any papers in family court?
Customer: No, she wants to leave due to irretrievably breakdown but not sure if is entitled to claim half the marital home
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does the wife live in?
Customer: Scotland
JA: Anything else you want the lawyer to know before I connect you?
Customer: No

I am a solicitor in Scotland. Was the house bought after the marriage?

Customer: replied 2 months ago.
No, my husband owned it before we married but I contributed around £100,000 to pay off the mortgage he had on it after we married.

Unless it was bought in contemplation of marriage it is not matrimonial property and would not fall to be shared. However you would have a claim for your contribution to the mortgage and any other contributions. This can be argued either under the financial provisions of the Family Law (Scotland) Act 1985 or the doctrine of unjustified enrichment. I hope that helps. Please leave a positive rating so that I am credited for my time.

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