Our Latest Legal Articles
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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…
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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…
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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…
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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…
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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.…
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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…
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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…
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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…
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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…
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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…
Our website articles are not legal advice. We accept no responsibility for use of this information.
For advice on your specific circumstances, contact XK Family Law Solicitors Aberdeen directly.