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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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Inherited (I think) house

  • andrew64
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07 Aug 12 #347907 by andrew64
Topic started by andrew64
We''re approching a split it looks like and I''m wondering what happens with the house as I believe Scotland looks at inherited property differently from England + Wales. We bought our house when we were living together using money from my Mum''s estate. The estate hadn''t been fully finalised when we bought the house though. It''s always been in my name only and I''ve paid the mortgage. We got married 3 years later after our son was born (also after the house was bought). Is she entitled to half the house even though i bought it entirely out of inheritance money from my Mum''s not yet settled estate?

  • Fiona
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07 Aug 12 #347972 by Fiona
Reply from Fiona
In Scotland the starting point is all the assets accrued between the dates of marriage and separation are matrimonial property, excluding gifts and inheritances. However, if funds from a gift or inheritance have been incorporated into family finances the assets will be considered matrimonial, particularly if the asset is the family home.

Sometimes it''s possible to argue special circumstances justifying moving away from sharing 50:50 in favour of one party if they brought more property to the relationship.

Hope that helps. :)

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