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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16132
Experience:  30 years as a practising solicitor.
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SEARATION leading to divoce how are assets divided, North

Customer Question

SEARATION leading to divoce how are assets divided
JA: Where is this? It matters because laws vary by location.
Customer: North ayrshire
JA: What steps have been taken so far?
Customer: None but concernI have is a division that was made years before my marriage that gives me 50% of my parents estate and a residual benefit on on their death
JA: Anything else you want the lawyer to know before I connect you?
Customer: no but that may be a starter.since I have a flat purchased befor the
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thanks for your question. I am a solicitor in Scotland. The general rule is that all property acquired during the marriage is divided equally apart from gifts and inheritances from third parties. Property acquired by one party before the marriage is also excluded unless it was acquired in contemplation of marriage. Property acquired after the separation is excluded. Note that property acquired by gift or inheritance can become matrimonial if used for matrimonial purposes. For example an inheritance of money being used to build an extension to the family home. I hope that helps. Happy to discuss further. Please leave a positive rating so that Just Answer credits me for my time.
Customer: replied 1 year ago.
The principal issue is that a married son is faced with divorce.The position being that his wife has left him taking their son. Acess seems normal.
His wife a school headmistress is well paid.Her husband ,my son works three days a week and has a low income.The concern being if his wife on divorce has any claim on any portion oour property. He owns a flat purchased many years before his marriage.
I propose to change the disposition and settlement over the 25% I hold and transfer it to a daughter and her husband who are well connected and established in Scotland and able to help any material needs of the estste and so enable my son to combine within the family and estate as he wishes.
Expert:  JGM replied 1 year ago.

There is no need to do this. A flat purchased many years before the marriage is not matrimonial property. Your decision to transfer your share to your daughter can be taken having regard to family interests rather than protecting it from your son’s wife. It is already protected by law. I hope that helps. Please leave a positive rating so that I am credited for my time.