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Inheritance used on house

  • Donelovinhim
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07 Jan 10 #174300 by Donelovinhim
Topic started by Donelovinhim
I received inheritance on the death of my mother. Spent it most of it on upgrading and extending the family home.
Me and my sol are fighting to gain at least some of this back with a higher share of the house value for me.
My sol informs me we may be able to do this with 'special circumstances' clause in Scottish law.
STBX was originally going to buy my half of the house, but I wouldn't accept his half of value offer.
Why should I have to start from bottom of property ladder again. I am unable to work and would not get a mortgage.
He and his sol are of course fighting our attempt to get this extra money.
Does anyone have any tips on how to handle this?

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08 Jan 10 #174596 by Fiona
Reply from Fiona
In Scotland inheritances are non-matrimonial assets, although where a spouse uses the inheritance to purchase property during the marriage the property becomes matrimonial property.

Courts may be prepared to move away from the principle that a 50:50 split is 'fair' to compensate the party who purchased the property because the funds were not from income or efforts of the parties during the marriage.

Special circumstances and deviating from the equal sharing principle in a particular case is entirely down to a judge's discretion.

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08 Jan 10 #174602 by Mitchum
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Unsure of the law in Scotland but just to say what happened in my case. I had invested a large amount of my retirement lump sum in refurbishing our home. We had decided not to move house but to upgrade our home for retirement and have a new kitchen and bathroom just 18 months before my husband had an affair and ended our relationship.

My sol negotiated a greater than 50% share of the sale of our home because I had invested savings - capital monies - in structural improvements, whereas my husband was still earning a high income at that point and retired with his lump sum intact.

It wasn't a lot of money but it was very welcome for setting up a home alone.

Do you have receipts for the work carried out and can you show your greater share of the payments on bank statements etc?

Hope this is helpful information and that you manage to regain some of your investment.

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08 Jan 10 #174618 by Donelovinhim
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Actually, just today I have looked out all receipts and bank statements to verify what I paid for from my inheritance. It should come to over £30,000 so it would make a huge difference to me. But STBX keeps spitefully saying that I have no chance of getting it back.

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09 Jan 10 #174903 by Mitchum
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My stbx told his sol I'd spent my savings 'in the hairdresser's' and not on the home improvements! I like to take care of my appearance but not even I could have spent that much on my hair! :laugh:

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09 Jan 10 #174927 by Donelovinhim
Reply from Donelovinhim
What a cheek :)

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