Can he purchase another house?

[Wildcat22]

Just that really, he walked out of matrimonial house over 3years ago, no financials sorted as he won't answer solicitors letters, has told daughter he was selling the house and making us homeless!!!! He has just purchased a house and moved in the girlfriend, I believe with a Mortgage but can he, as he is on the mortgage in this house?? Also Would I have claim on his house as we are not divorced? Scottish law

Can he buy another house ? - if he has enough earnings and affordability to get a mortgage while still named on fmh mortgage m, then yes I would presume so
Do you know for definite that he’s named on it?

Can you claim ? I believe only assets of the marriage can be split in Scottish law - which is excludes those acquired pre marriage or post separation
I’m not a lawyer though so hopefully someone more expert will answer

Millymollymoomoo....yes definitely, just checked the deeds. Could he use the fmh as security against the New one? Telling bank he will pay it off when he sells this one?

Why would you want to claim on his house?

If he has the affordability checks to support both homes, it would be no problem for him to get a second mortgage. It's the same as those with more than one property.

Good luck, hope you get something sorted soon

Treedice...just trying to get my head around things after 20 odd years...why would he want to see us homeless?? He has no credit history apart from this mortgage, everything stupidly in my name!!

This is the reason why it's advised that one should divorce if there is noway forward 3 years.
Was enough time to get on with it as soon as another partner gets on the scene there are usually big changes no matter what's been promised

Start divorce proceedings.

His name might be on the deeds, but she might have a much bigger stake on it and brought most of the down payment, resulting in a very small mortgage.

How do you know they've definitely bought and not renting? The house could also be in the girlfriends name only.

Palaver1.....divorce proceedings have already been started
Peaches....he definitely bought it last year, it was a family holiday home, caused a major falling out with his siblings.
Thanks everyone for your thoughts, much appreciated x