dividing assets

my husband and i got back together breifly,he was living in the rented marital home ,and i in a small grotty flat.we signed a lease,for a new rented property,he paid 600first month i paid 600deposit on the place,and gave in our notices on each of the other properties.unfortunatly we have seperated for good but have no choice but to share the house for a while,im 43 he is 53.he earns 600pw and i 200pw.we will pay half the rent and bills he insists on this.there are no children involved,and no joint bank accounnts or loans.in the four years we were married,i paid toward the rent ,half the food bills and,clothes personal items,ect,and half petrol.i dont know were i stand now,can he change the locks and not let me move in.(my name is on the lease although he woudnt let me sighn it).im i intitled to use the car he bought during the marraige and furniture in the house,or does all this now belong to him.do i have any rights at all,would be very gratfull for some advise thanks

Hi

I wouldnt have thought that he could change, the locks on a rented property, and if your name is on the lease then you should be able to enter the house (although this might not be the case if you've not signed it).

If you dont live in the house, then as he "enjoys" sole occupation, I cant see any reason why you should contribute to the running of that house, esp given the difference in yours and his weekly pay. In any case you would need to afford to live yourself.

All matrimonial assets are defined as those accrued during the length of the marriage up to the date of separation (gifts and inheritances are the only exceptions). Therefore, the furniture, joint bank accounts, car, etc are matrimonial property and belong to both of you (providing they were acquired during your marriage).

You may be able to claim aliment from him - which is similar to spousal maintaince - Under the Family Law (Scotland) Act 1985 there is a general obligation to provide support "as is reasonable in the circumstances" by a husband and wife to each other,and could apply equally to the situation when husband and wife or parent(s) and child live together as when they are separated.

Ruby

Should have said that Scottish divorce law is underpinned by the Clean Break premise, and assests are usually split "fairly" equally.

More information can be found in our step-by-step guide

www.wikivorce.com/divorce/Scotland/Scotl...al-Arrangements.html

A family home is a property which you and your husband or wife have both lived in together or were intending to live in. This means it can be a property that you've rented but haven't moved into yet. It doesn't matter whether your name is on the lease, if not in occupation a spouse has a right to enter into and occupy the matrimonial home. However, if your husband refuses to allow you to exercise your right you would need to go to court to exercise it.

Going to court is expensive and alternatives are mediation or solicitor negotiation. Shelter and Citizens Advice offer advice and depending on your circumstances and where you live you might be able to get help from the Govan Law Centre or the University of Strathclyde Law Clinic.

Hope you manage to sort matters.