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Spousal Claim on Inherited Property - Scottish Law
SammyFace
Posts: 717 Forumite
My neighbour (let's call her Mrs X) has been married for 35 years. All through the marriage she worked full time and both she and her husband paid for the upkeep of his widowed Mother's large property hundreds of miles away. When the Mother died the house was inherited by Mr X (the only son) and they continued to look after it and the family would use it for holidays etc.
Mr X retired 13 years ago and they then sold up the family home and business and used some of the profits from the sale of the house to renovate the inherited house (I think Mr X kept the rest of the profits as savings). Mrs X is 10 years younger than her husband and still works P/T but is due to retire in a couple of years.
Mr X has announced this week that he is plans on selling the house and find somewhere small to rent. My neighbour is very upset as the house they sold was in joint names and she didn't insist on having her name added to the deed of the inherited house. He is adamant that they are selling and she is at a loss as to what to. When discussing/preparing their wills several years ago with their solicitor she was advised that under Scottish Law a spouse has no claim on inherited property.
He has substantial savings and no money worries and when I asked her what she thought he was going to do with the money from the sale of the house said she was sure he was going to donate it to the overseas charity he volunteers for (he spends a lot of time overseas, fundig his own trips).
Can anyone advise as to her position - she loves her husband dearly but he cannot be negotiated with and his word is final. If he wants to sell up he will and most likely there will be no discussion - it will just happen. She's devastated - does she have any rights? She is a truly lovely woman, very intelligent but currently at a loss as to what to do.
Mr X retired 13 years ago and they then sold up the family home and business and used some of the profits from the sale of the house to renovate the inherited house (I think Mr X kept the rest of the profits as savings). Mrs X is 10 years younger than her husband and still works P/T but is due to retire in a couple of years.
Mr X has announced this week that he is plans on selling the house and find somewhere small to rent. My neighbour is very upset as the house they sold was in joint names and she didn't insist on having her name added to the deed of the inherited house. He is adamant that they are selling and she is at a loss as to what to. When discussing/preparing their wills several years ago with their solicitor she was advised that under Scottish Law a spouse has no claim on inherited property.
He has substantial savings and no money worries and when I asked her what she thought he was going to do with the money from the sale of the house said she was sure he was going to donate it to the overseas charity he volunteers for (he spends a lot of time overseas, fundig his own trips).
Can anyone advise as to her position - she loves her husband dearly but he cannot be negotiated with and his word is final. If he wants to sell up he will and most likely there will be no discussion - it will just happen. She's devastated - does she have any rights? She is a truly lovely woman, very intelligent but currently at a loss as to what to do.
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Comments
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She needs proper legal advice, refer her to a good solicitor.Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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