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Ben Jones
Ben Jones, Solicitor
Category: Scots Law
Satisfied Customers: 325
Experience:  UK Solicitor
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My sister got married to her husband in October 2004 but as

Customer Question

My sister got married to her husband in October 2004 but as of February 2010 they have been seprated and have now decided to file for a divorce due to irreconcilable differences in the marriage.

The question now arises as to what about the assets that have been built up during the tenure of the marriage and as to how UK law would govern the apportionment of these assets.

They bought a house in 2005, an ex-council house under the 'Right To Buy' scheme in which he had been staying in prior to their marriage and had an intention to buy regardless whether he had been married to my sister or not - although that is what he claims. Does she still qualify for a portion of the house as part of her divorce settlement and does it matter as to where his source of funds to buy the house came from?

Secondly my sister was gifted by her mother in late 2005 a commercial property with a sitting tenant. He claims in any divorce proceedings he would entitled to a 50% share of that property as his right because the asset came into existence in her life during their marriage. Is that valid and correct?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

The second part of your question is straightforward. Anything gifted from a third party is not matrimonial property and he has no right to a share of the commercial property.

As far as their own house is concerned, can you tell me, is the title in joint names or in his sole name? Is there a mortgage? Who paid for the house?
Customer: replied 1 year ago.
The house is in his name only. There is no mortgage, however there is a £20000 repair bill from the council which is due to renovation as the entire block of flats was done up. He paid for the house.
Expert:  JGM replied 1 year ago.
There is a case on this which I am trying to get. I'll come back to you as soon as I get it. Do not respond to this message in the meantime.
Customer: replied 1 year ago.
Relist: No answer yet.
Expert:  Wendy-Mod replied 1 year ago.
Hello,

I'm Wendy, and I’m a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!

Best,
Wendy
Customer: replied 1 year ago.
Yes I'm fine waiting a bit longer for an expert to answer my question. Thank you.
Expert:  Wendy-Mod replied 1 year ago.
Thank you, XXXXX XXXXX continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.

Best,
Wendy
Expert:  Fran-mod replied 1 year ago.

We are still working with the professionals to find you the best possible match. I wanted to touch base to see if you still needed a professional’s assistance.

Please let me know if you would like to continue to wait or if you would like to cancel your question at this time. We sincerely XXXXX XXXXX the extended wait time.
Customer: replied 1 year ago.
I will wait further.
Expert:  Wendy-Mod replied 1 year ago.
Thank you again for your patience, we will continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.

Best,
Wendy
Customer: replied 1 year ago.
Relist: I still need help.
Expert:  Fran-mod replied 1 year ago.
Your question has been open to all of our legal experts, but I'm sorry to say we have exhausted all our efforts at this time to find the right professional to assist you with your question.

While we were not able to assist you with this question, please keep in mind that JustAnswer has multiple categories, from Health, Pets, Computers, Taxes, Cars, Finance, Law, to Home Improvement, and more, to assist you with any question you may need answered.

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Customer: replied 1 year ago.

Hi


 


Could you please refund my deposit?


 


Thanks.

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