Scotland - SAHM Divorce. Advice Required

[Creamscone99]

Hi, my husband has announced that he wishes for us to separate. I've been a SAHM for 6 years and I'm wondering what I'm entitled to. We jointly own our family home and have smallish mortgage outstanding. I paid in an amount and he paid in five times more sum from the proceeds of a property sale that was gifted to him. The word 'fairness' is being used often and I'm worried that I'll only get back the money I initially invested when we bought our home. He says that 'his' money has been paying for the mortgage since I gave up work to care for our child. A mutual decision. We have savings in separate accounts of about 20k each. Can anyone offer any help or advice specific to Scotland please? Thanks so much X

Somebody knowledgeable will be along shortly but just wanted to say sorry this has happened to you.

You need to see a lawyer before doing anything else. Really really the best first step. Has he moved out? Don't you move out unless he is violent etc

So under Scottish law the separation date is the date that counts for the value of the assets. Has he moved out and have you officially separated? What ages are the DC? Who will they live with? Was the other property gifted to him before you were married or while you were married? He may use the term fairness a lot, but don't worry once you get a solicitor, what seems fair to him will probably not be what the law sees as fair! Scottish law recognises the role of SAHP as equally contributing to the family, so he is already wrong about it being "his" money contributing. There are 3 major differences in Scotland than England 1) you can get divorced after a year of separation of both sides agree or after 2 if one side contests 2) the resident parent can get a larger percentage of assets, but it is mostly not more than 70% and more often 60%. 3) the SAHP can get spousal support but usually for a max of 3 years to allow them to get independent earning re- established. I hope this helps as a starter. Others will know more...

The split of assets is 50/50 at the date of separation, so you need a valuation of the house as soon as possible. You also need to get copies of bank statements and any assets/debts at the date of marriage and the date of separation. If you can get his as well, so much the better.
You cannot divorce until finances and childrcare are settled - this is the major difference between Scotland and England.

The normal route if not contentious would be to do mediation, get your solicitors to draft a separation agreement laying out the terms, which you both sign, and then file for divorce after two years.

There is provision in the law to argue for a greater split based on economic disadvantage. But your solicitor would need to make that case.

Get yourself a good solicitor and establish the best approach from there.

A greater split of assets based on economic disadvantage from being a SAHM, i mean. I don't think he can argue the greater investment in the marital home as that is not moveable property (i.e. If he had invested the inheritance in shares, he could argue it was still his, but the house is your marital home).

The main difference in Scotland is somethings are not considered marital assets like an inheritance so that would not be shared but your home will be as Sahm is considered a contribution.

Who paid the mortgage will not really be relevant but if someone contributed £200k to deposit and the other 5k it maybe considerwe, you need a lawyer

Creamscone99 - can I ask the outcome of this please?

I am in this situation. And have researched it a lot. Scots law.

1. 50/50 is a starting point so don't get greedy eyes.

1. A FAIR NOT EQUAL split applies. You are only entitled to 50/50 of assets gained during MARRIAGE only. Not before unless you bought a home before marriage intended to be your family home.

1. Gifts and inheritance are excluded from the split unless the gift and inheritance were used to buy the property ie the cash value was transferred. In which case it's a marital asset. But see point 2.

The court has discretion to apply special circumstances. Ie one partner brought a lot more to the pot than the other.

And this is the most important point.

IF YOU DID NOT CONTRIBUTE TO THE ASSET EQUALLY THEN YOU ARE NOT ENTITLED TO A 50/50 SHARE OF IT.

When you marry someone you get half of the assets built up over the marriage.

You do not simply claim 50% of everything he owns prior to the marriage.

Long story short.

Negotiate.

Lawyers cost a FORTUNE.

Literally they charge £150-400/hour.

Your bills can easily reach £20k very quickly. I know this from experience.

Leave the lawyers out and settle amicably.