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Does she have a cla...
 
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[Solved] Does she have a claim on my property/pensions?

 
(@johnmac)
New Member Registered

Hi, ok this might be a bit odd, but try and stay with me.....

I own a property, the mortgage is almost paid off but is in both our names although I have made all the payments. I also paid the deposit from the sale of a house I owned before we got married.

I came home from work one day five years ago to find my wife had left the family home, my 14yr old son stayed at home with me. There was no blame on either side, we just couldn't make it work. There was no malice on either side, she just move on which was fine with both of us. I'm getting on in years now and am thinking of making a will. I want to leave everything to my son but am worried the wife may belatedly try to make some sort of claim on my house/pensions. I don't think she will but may get 'officially' divorced to legalise things.

I'm sure I read somewhere that under Scottish law, that if a partner leaves the home, after 2 years they cannot make a claim, but I can't find anything to justify that statement now so was wondering if it was true. I will be going to a solicitor at some point but was just wondering if anyone knew what my position would be?

Thanks

John

ps, should have said I live in Scotland, to Scottish law would govern

Quote
Topic starter Posted : 26/08/2013 1:00 am
(@dadmod4)
Illustrious Member

I think that's definitely one for the solicitors, I'm afraid.

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Posted : 31/08/2013 6:00 pm
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