Matrimonial Homes (Scotland) Act 1981 - Advice please

SewIt_2

Hi,

I have a question regarding the above and I am hoping that you good people will be able to help.

I am in the process of re-mortgaging. I am married and husband lives with me, however the mortgage is in my name only due to past financial mistakes by my DH. We are not financially linked in any way, no joint bank accounts, etc.

I have declared to the mortgage company that DH is residing at the property and they know that the home insurance is in his name.

I have been asked to sign a declaration which states:

Matrimonial Homes (Family Protection) (Scotland) Act 1981, as Amended, and Civil Partnership Act 2004

I, XXX, presently residing at XXX do hereby declare as follows:

The property is not a matrimonial home in relation to which a spouse of mine has occupancy rights under the above Act.

My question is what does this mean and is it a matrimonial home as my DH does live with me there.

Many thanks in advance if you are able to offer assistance/guidance.

System

http://www.inksters.com/therighttosellthefamilyhome.aspx explains it a bit for you

kidmugsy

SewIt wrote: »

"The property is not a matrimonial home in relation to which a spouse of mine has occupancy rights under the above Act."

... is it a matrimonial home as my DH does live with me there.

They're not asking you to say it's not a matrimonial home. They are asking you to say that it's "not a matrimonial home in relation to which a spouse of mine has occupancy rights under the above Act." I expect it means that if you default on the mortgage and they need to repossess and sell, your husband won't be able to demand the right to continue living there, since he won't have "occupancy rights". That seems pretty reasonable to me. If in doubt, consult a solicitor.

Thrugelmir

SewIt wrote: »

We are not financially linked in any way, no joint bank accounts, etc.

and they know that the home insurance is in his name.

Why is your husband insuring something in which he has no pecuniary interest then?

SewIt_2

Thanks for the replies, makes things clearer.

Thurglmir - Sorry, should have been clearer - its my policy but he is named on it as living at the property.