What happens to mortgaged property after divorce?

barnes777

Hello,
Been married for ~4 years and property is mortgaged in my sole name and in that time wife hasn't paid a penny towards mortgage or paid any bills. We don't have any kids. My understanding is that if we get divorced (which is looking likely) all assets will be split 50-50. But what will happen to the property? Will I be forced to sell this or add her to the title deeds so that she is legally entitled to her half? Roughly 50% of mortgage has been paid off. Also can the courts rule that she lives in the mortgaged property indefinitely? All her family is all overseas (she is a UK citizen) and she has no where else to go.

I do plan on seeing a family law solicitor soon but thought I would ask here in the meantime. Btw I am in Scotland.

Thanks

Errata

50/50 may be a start, but 4 years is considered a short marriage. The judge may put each of the couple back to where they were on the day they married. eg you keep the house and she keeps her handbag collection.

RAS

Scottish law on marriage breakdown is so different to England that You really need specific advice from lawyer,

Check whether wikidivorce has a Scottish section as well.

barnes777

Thanks Errata & RAS. Not sure if this only applies in Scotland, just read this on a Scottish solicitors website:

What is the matrimonial/partnership property?
This comprises all assets owned by a couple, whether individually or jointly, at the date of separation, which have been acquired during the marriage/civil partnership other than by way of gift or succession from a third party. So anything which you owned before the marriage/civil partnership or which you acquired after the date of separation is not included. However, a house or household furnishings acquired by one or both of you before the marriage/civil partnership may, in certain circumstances, be included.

I purchased the home 4 months before marriage so perhaps I've had a lucky escape?

pmlindyloo

Is there any chance that this can be worked out amicably?

I only say this because the only people who 'win' in these situations are the solicitors.

If you read this link and then go to the bottom for 'Further Information' within that link are some useful contact details.

http://www.adviceguide.org.uk/scotland/relationships_s/relationships_relationship_problems_s/ending_a_marriage_scotland.htm

FBaby

How long were you together before marriage? Were you cohabitating?

duchy

A house bought with the intention of becoming the marital home could very well be considered very differently to one bought before there were any marriage plans I would have thought. I'd research those exceptions carefully. Do you have children together ?