We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
House split separation
Raffers
Posts: 131 Forumite
Looking for some guidance. Firstly, I appreciate that I'll probably need to speak to a Family Law Solicitor for definitive advice, but just wanted to ask for opinions here.
My wife and I have been married since 2013. She moved in with me a year or two before that. We live in Scotland, if that changes any law process. The house we live in is 100% in my name and I pay the mortgage (and all other utility bills). I bought the house in 2007, so had lived in it before meeting her. I'm the breadwinner. She's only ever held down a mixture of full-time and part-time minimum wage type jobs.
We have one daughter (my step-daughter) who is a mature 17yr old working full-time. She's hardly a dependent but I'd happily ensure she's taken care of in all aspects.
My wife has had ongoing issues with a combination of depression and anger. I'm the opposite personality type, trying to always avoid her confrontational attitude.
In any case, this flares up with regular frequency where she has a blow out and I take all the flack and I've finally decided enough is enough. Trying to assess my options. As we are married, I understand that I can't force her to leave, even though the house is all in my name, she's never contributed etc. She's only got marriage on her side there. She seems to think that I cannot sell the property to move on either, but also says that even if I did she'd somehow be entitled to circa 30% of the sale (unsure where she's plucked this from).
Our finances are completely separate, so I understand that she will not be able to claim anything from my bank account. I have a strong credit record and she has the entire opposite. Nothing is in both our names.
What separation options are available here? Thanks for any response.
My wife and I have been married since 2013. She moved in with me a year or two before that. We live in Scotland, if that changes any law process. The house we live in is 100% in my name and I pay the mortgage (and all other utility bills). I bought the house in 2007, so had lived in it before meeting her. I'm the breadwinner. She's only ever held down a mixture of full-time and part-time minimum wage type jobs.
We have one daughter (my step-daughter) who is a mature 17yr old working full-time. She's hardly a dependent but I'd happily ensure she's taken care of in all aspects.
My wife has had ongoing issues with a combination of depression and anger. I'm the opposite personality type, trying to always avoid her confrontational attitude.
In any case, this flares up with regular frequency where she has a blow out and I take all the flack and I've finally decided enough is enough. Trying to assess my options. As we are married, I understand that I can't force her to leave, even though the house is all in my name, she's never contributed etc. She's only got marriage on her side there. She seems to think that I cannot sell the property to move on either, but also says that even if I did she'd somehow be entitled to circa 30% of the sale (unsure where she's plucked this from).
Our finances are completely separate, so I understand that she will not be able to claim anything from my bank account. I have a strong credit record and she has the entire opposite. Nothing is in both our names.
What separation options are available here? Thanks for any response.
0
Comments
-
Lots of useful information here
https://www.citizensadvice.org.uk/scotland/family/relationship-problems-s/getting-divorced-s/Everything will be alright in the end so, if it’s not yet alright, it means it’s not yet the endQuidquid Latine dictum sit altum videtur0 -
Property obtained before the marriage that remains in its original form does not form matrimonial property in scotland - unless you specifically acquired it with a view to it being used as the family home. The difference is buying a house before you married but with the intent you would move in once married versus a property you perhaps owned before agreeing to marry or before you even met them.
Similarly, inheritance does not form matrimonial property in scotland - again providing it stays in its original form. So if you used inheritance money to buy a property for you both to live in then it would likely be classed as an asset of the marriage.
Its also wise to set a clear separation date as in scotland, assets obtained after separation don't form matrimonial property either.
However I would caution that although it seems from what you've said she won't be entitled to any equity of the house whether sold or not (well, unless you sell it before a clear separation date is set), you cannot force her to move out - even if you want to sell the property. Her occupancy rights will remain until she moves out voluntarily or the divorce is finalised.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354K Banking & Borrowing
- 254.3K Reduce Debt & Boost Income
- 455.3K Spending & Discounts
- 247.1K Work, Benefits & Business
- 603.7K Mortgages, Homes & Bills
- 178.3K Life & Family
- 261.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.7K Read-Only Boards