What is wife entitled to in divorce Scotland?
What am I entitled to when I divorce? In Scotland, the law states that each person is entitle to a ‘fair’ share of the matrimonial property – the assets accumulated during the marriage. In most cases, that will be a 50:50 share.
Are assets split 50/50 in divorce Scotland?
The assets which are to be divided on divorce are only those which are “matrimonial”. This means assets acquired by either spouse during the marriage, and before the date of separation, other than by way of inheritance or gift. Scottish law presumes that a 50/50 split of the matrimonial property will be fair.
How is a house divided in a divorce Scotland?
The most important and most commonly applied principle for dividing matrimonial property is that it is to be divided ‘fairly’ between the parties. This does not necessarily mean equally, but that is the starting point. The special circumstances that will justify unequal sharing of property are: Prenuptial agreements.
Is my partner entitled to half my house Scotland?
If you do not own the house but your ex partner owns it, then you have no right to claim on the house itself. However, you can still seek to claim a capital sum from your ex partner, to take into account certain financial or other contributions you have made towards the property.