HI I live in scotland and want to get information on divorce. My husband has the house in his name and was wonderng what would happen when we divorced. Would he have to sell it to give me half? Also I no where to go after divorce, except buy or rent a new house, which I wont be able to afford with my savings and worried about starting again. I have not yet approached a lawyer for advice but do want to leave my husband . wen will i be replied
Province/Country relating to question : Scotland
No advice som far
Relist: I still need help.I havent had a reply to my original question.
Thank you for your question.When were you married? When did you separate? When was the house bought and who paid for it?I hope that this helps. Please press ACCEPT so that I am credited for my time.
WE were married May 2007. Still in the same house and not started any proceedings yet, just looking for general information. The house was bought by my husband around 1997.
Relist: No answer yet.
This is matrimonial property and as such is jointly owned by both of you, regardless of who's name is XXXXX XXXXX title deeds or mortgage.
In a divorce, it depends on a number of factors as to whether the property is sold immediately or not. If there are children under 16, for example, then the courts are unlikely to impose an order for division and sale (as it's called) They would also look to the situation of both parties. Who earns what and what other assets there are.
In Scotland the courts always try to ensure economic equitability. So they will not want to see one of you walk away with more than the other.
This is only a Q&A site, but there is a website that can help you through the whole process for an agreed fixed fee.
Go to http://www.myscottishdivorce.co.uk/
Hope this helps.
HiyaThanks for your reply, this makes me feel alot better as I have rights to the matrimonal home. So you would advise I go to a lawyer. I would prefer a cash lump sum from my husband so I can buy another property but he would probably need to sell or remortage the house to do this. Could I still stay in the house til settlement is concluded also. ThanksCatherine
As this is a major transaction and important for your future, I suggest that you do go to a lawyer.
Law degree with Honours, Diploma in Legal Practice
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).