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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16361
Experience:  30 years as a practising solicitor.
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I have some problems and don't know my legal rights. Thanks,

Customer Question

I have some problems and don't know my legal rights. Thanks
JA: Where are you? It matters because laws vary by location.
Customer: edunburgh
JA: What steps have you taken so far?
Customer: Sorry edinburgh
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My previous husband died and we had our house with large mortgage. I met my present husband who had no money savings belongings. After 10 years we git married. He was always aggressive but much wirse since December when he had bleed to brain. He is now more aggressive wint talk everything my issue and mire and says if uvthriw him out he will take everything I have although my mortgage is interest free only. He refuses to look for job and resents I have a little money and income. I'm lost
Submitted: 18 days ago.
Category: Scots Law
Expert:  Virtual-mod replied 18 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  JGM replied 18 days ago.

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer. I am sorry to hear about your situation. It’s not easy dealing with this kind of thing and you have my sympathy. I will do everything I can to help.

Expert:  JGM replied 18 days ago.

From what you say I am assuming that most of what you have, you acquired before your marriage to your second husband. If that is correct then he has no claim to any of it. The only things that a party to a marriage has a claim on are things acquired after the marriage and things acquired in contemplation of marriage. Everything that happened before is not deemed matrimonial property, nor are gifts or inheritances from third parties. He can’t as a matter of law take “everything you have”.

Expert:  JGM replied 18 days ago.

I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.

Customer: replied 14 days ago.
Many thanks. Is the house still all mine in my own right if I sell it and move. The mortgage is still in my previous married name.
Expert:  JGM replied 14 days ago.

Yes it is. Your husband has no claim on the house.

Customer: replied 14 days ago.
Very grateful
Expert:  JGM replied 14 days ago.

You’re welcome.

Customer: replied 14 days ago.
what about when I buy another house
Expert:  JGM replied 14 days ago.

Do not do so until you're divorced would be my advice. Whilst there are source of funds arguments concerning matrimonial property the position at present is that your house is NOT matrimonial property and he has no right to a share. However anything bought after a marriage IS matrimonial property and whilst you could argue he should not get a share because of no contribution by him, that is an argument whereas the present situation is that he has no argument at all. I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.