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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16616
Experience:  30 years as a practising solicitor.
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I am separated from my Husband and he wants to sell our

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I am separated from my Husband and he wants to sell our house. The house is in his name but we are a Married Couple, can I stop this and am I entitled to half ?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Scotland
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am now in sheltered housing as of the last week
Customer: replied 12 days ago.
Will I just look out for the email or will the answer appear here ?

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.

As the house was a matrimonial home he can’t sell it without your consent or unless you renounce the occupancy rights that you are entitled to. As regards ***** ***** of the house, that will depend on a number of factors such as contributions to the marriage and what other finances there are. However the starting point is that of the house was bought during the marriage or in contemplation of the marriage it will be split fairly, irrespective of who holds the title.

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.

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