i'm another one that hasn't reached a year in marriage an my partner wants to end it.
bought house in 2004 - there was a gifted deposit from her side.
2005 - inheritance on her side which was put towards the mortgage
2006 - partner stopped working
2006 - got married
oct 2007 - partner wants to end marriage.
we have no debts, a lump sum in the bank.
i live in scotland and was wondering how the law works to resolving this. i want to be reasonable with the outcome, fair enough you can see the payments going against the mortgage i.e deposit/inheritance, but you cant see the money spent on gutting the house out. it was all done up top to bottom.
is the split a simple 50/50, there is no other way i can see it being worked out?
is good advice, sell the house, pay off the remainder of the mortgage and split the equity on the house and whats in the bank?
Just wondering about the deposit and inheritance. Do you propose she gets this back? I suppose it depends how much money is involved but I think if it was me I would want some/all of that back after such a short time.
Of course this does not take into account the fact that she stopped work and you presumably paid the mortgage and paid for the renovation.
Honestly I dont know what way it will work but someone here will know more than me. Whatever happens I hope you get through it as easily as poss.
I know its not easy. I think Scotland is diiferent when it comes to divorce. There are a few members here who might know.
I'm sorry, you cant keep her if she really wants to go. No consolation (sp) to you but maybe its better to find out now than after 20 years. You havent mentioned your age but I'm assuming you are young enough to start again and rebuild your life. Easier said than done I hear you say!
In Scotland the matrimonial assets and debts are those accumulated between the dates of marriage and separation. Inheritances and gifts are not matrimonial assets, however any asset used to purchase the family home becomes part of the 'pot.' The court has discretion to allow for special situations and the best bet is to ask for a solicitor's opinion how that would effect your individual circumstances. Also it's a good idea to get the sol to draw up a written agreement which the courts can make legally binding.
i've seeked legal advice, hid nothing from thr solicitor and she has said that i should go for a 50/50 split. there is no given formula, i am goin to discuss it with her rather than go thru solicitors.
its a hard one, i don't want to seem like i've shafted anyone, but how do i get back what i put in, theres not a formula. so is 50/50 fair, given the fact that she is goin to come out with more than she put in anyway?