Ask Me Help Desk - New to this.

My husband who is now a british citizen due to us getting married has decided to leave me.he says our 6yr marriage was a disaster,that's what he has decided now.I purchased the house before we married it was only one year before but does anyone know what he will be entitled to from the house.I can't buy him out and I don't feel that he should be entitled to anything.I had everything in house before .I brought my son up in this house on my own for 15yrs before meeting hubby.I live in scotland and I know laws are different here.he is actually living in england at the minute.seemingly he is coming to scotland to file for divorce later this month but I don't know if this is true or not.I do not know whether I'm coming or going in this situation.the person he is with keeps taxin me with nasty comments about myself and our marriage.I comments my husband very much but deep down inside I know that there is no going back he has made his choice its very difficult.can anyone please help me with some information.thank you

I am very sorry to hear you are in this difficult situation which makes it more difficult when the other woman is not exactly a silent partner. I strongly urge you to hire a solicitor to smooth the way for you and make sure you get the best part out of this. I am posting an excerpt from a solicitor's website in Dundee 'divorcescotland.com' and I hope it helps you a little:

Family Law (Scotland) Act 2006
Heralds Changes for Cohabiting Couples

The new Family Law (Scotland) Act 2006 came into force on the 4 May 2006 and, as expected, has changed the mechanics of getting divorced through adultery, unreasonable behaviour, living apart for a period of one year with your spouse's consent and living apart from your spouse for two years without consent.

One of the more radical changes, however, and which has not had quite the same publicity, is the rights of those people who live together either as husband and wife or as civil partners and then break up.

In such circumstances, there is now a possibility of a claim for a capital sum at the end of their relationship and there is also a presumption of a share in the ownership of household goods bought whilst they were together. If a cohabitant dies, without leaving a Will, then the court can make an award to their partner out of the deceased's estate.

We shall have to see how these new rules will apply in practice, and it is anticipated that it may take a long period before cases work through the system and we begin to get a feel for what the courts might do in particular sets of circumstances.

Quote:

Originally Posted by ivanka01

my husband who is now a british citizen due to us getting married has decided to leave me.he says our 6yr marriage was a disaster,thats what he has decided now.i purchased the house before we married it was only one year before but does anyone know what he will be entitled to from the house.i can't buy him out and i dont feel that he should be entitled to anything.i had everything in house before .i brought my son up in this house on my own for 15yrs before meeting hubby.i live in scotland and i know laws are different here.he is actually living in england at the minute.seemingly he is coming to scotland to file for divorce later this month but i dont know if this is true or not.i do not know whether im coming or going in this situation.the person he is with keeps taxin me with nasty comments about myself and our marriage.i comments my husband very much but deep down inside i know that there is no going back he has made his choice its very difficult.can anyone please help me with some information.thank you

Can I just ask you something, and please don't take offense at this. You've said that you had a six year marriage and he's now a british citizen because of this? Have you actually been physically living together for the entire six years or did he live somewhere else while you fought for a visa? This person he's with - how long as he been with them?

Quote:

Originally Posted by kandyfruitcake

Can I just ask you something, and please don't take offense at this. You've said that you had a six year marriage and he's now a british citizen because of this? Have you actually been physically living together for the entire six years or did he live somewhere else while you fought for a visa? This person he's with - how long as he been with them?

Hi kandyfruitcake,no offence taken.answer to question.we were married in 2001 in scotland and he remained here .we obtained his citisenship in 2005 and everything was fine up until 1st nov 2007 when he never returned from his mums and I foung out(once the bank accounts had been emptied)that he had moved address.as far as I'm led to believe he met her on oct 1st this year and moved in with her 1st nov.I was devastated and still am.he was a kind caring loving husband and to do this is totally out of character.I have justr received a tx now saying that she is pregnant.