Ask a Scots Law Question, Get an Answer ASAP!
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.
What is the precise issue that concerns you? Is it the manner of division of matrimonial property?
If the home is matrimonial property and you need it for you and the children you can apply to the court for the title to be transferred to you or for the house to be sold to fund a deposit if your husband is prepared or is unable to come up with case. You should discuss this with your own solicitor further. The general principles of financial provision on divorce are very flexible but the specifics of your own scenario should be advised by your own solicitor. It is not a situation of lawful and unlawful. It is what is either negotiated as a settlement or what is ordered by a court.
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.