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