-
Can you sell or mortgage your home without your spouse’s consent?
At XK Family Law Solicitors in Aberdeen, one of the questions we often hear from clients is: “Can my spouse sell or mortgage our home without my consent?”. Section 7 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 answers that question. This section gives the court power, in certain limited situations, to dispense with…
-
Occupancy rights in Scotland relating to sale, transfer etc of a property.
The Matrimonial Homes (Family Protection) (Scotland) Act 1981 deals with rights after dealing and one of the most important provisions is of the act is Section 6. This deals with what happens to a non-entitled spouse’s right to live in the home when the property is sold, mortgaged, or otherwise dealt with by the “entitled…
-
Home Exclusion Orders Scotland (Married Couples)
The Matrimonial Homes (Family Protection) (Scotland) Act 1981 gives spouses and cohabitants rights to occupy the family home. Section 4 of the Act deals with exclusion orders – powerful court orders that can suspend one spouse’s or partner’s right to reside in the matrimonial home. Exclusion orders are most often used in cases involving domestic…
-
Cohabitant Rights in Scotland – Common Law Marriage Explained
It is often believed in Scotland that if you live with a partner for long enough, you automatically gain the same rights as a married couple. This is often called “common law marriage”. There is no such thing as common law marriage in Scotland. Living together does not give you the same automatic legal rights…
-
Regulation of Occupancy Rights (Scotland)
The Matrimonial Homes (Family Protection) (Scotland) Act 1981 (“Act”) was designed to protect the rights of spouses and families in relation to the matrimonial home. Section 3 of the Act sets out the circumstances in which the Scottish courts can regulate occupancy rights when disputes arise between spouses. This section is particularly important where one…
-
Non-Matrimonial Property in Scottish Divorce Law
On divorce in Scotland, one of the most important questions is how their property and finances will be divided. The starting point is the principle of fair sharing of matrimonial property under the Family Law (Scotland) Act 1985. However, not all assets fall into the category of “matrimonial property”. Certain types of property are specifically…
-
Subsidiary and Consequential Rights Explained (in relation to the Matrimonial Homes (Family Protection) (Scotland) Act 1981)
Section 2 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 sets out the subsidiary and consequential rights that support and protect a spouse’s right to occupy the matrimonial home. This part of the legislation is particularly important where one spouse is not the legal owner or tenant of the property (known as the non-entitled…
-
Matrimonial Property in Scotland: Pre‑Marriage Homes
Property bought before marriage Family Law (Scotland) Act 1985, s.10(4)(a): “Matrimonial property means all the property belonging to the parties or either of them at the relevant date which was acquired before the marriage for use by them as a family home or as furniture or plenishings for such home.” Key Point: The statute itself…
-
Right of Spouse Without Title to Occupy the Matrimonial Home
Section 1 Matrimonial Homes (Family Protection) (Scotland) Act 1981 explains a non-entitled spouse’s occupancy rights. The idea behind Section 1 Section 1 creates automatic “occupancy rights” for a non-entitled spouse (the spouse who doesn’t hold the title/tenancy or permission to occupy) in a matrimonial home. In short, if your spouse is the sole owner or…
-
Setting Aside Transactions (Age of Legal Capacity (Scotland) Act 1991)
Section 3 Age of Legal Capacity (Scotland) Act 1991 allows for prejudicial transactions to be set aside. What is a “prejudicial transaction” in Scotland? Who can apply, when, and what orders can the court make under Section 3 of the Age of Legal Capacity (Scotland) Act 1991? Where Section 3 fits in Section 3 provides…
