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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.
There are a number of arguments you can use here. The flat and indeed your flat are not as you say matrimonial property but you have made contributions to both the flat and the family home. The Family Law (Scotland) Act 1985 allows a court to take into account “special circumstances” when considering the division of matrimonial property and you would have an argument for a greater share to reflect your contributions generally. As far as the joint account is concerned because the funds went into a joint account they can be argued as being matrimonial and the fact that she emptied the joint account would also be taken into account in any division. You should see a local family law solicitor to look at the detail of this for you but that is my general view.
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.
You have to decide if what you put into it was a loan to the business or whether you were a partner in the business and putting in capital to a partnership for example. Perhaps the accounts would disclose that?