property

[881858047]

if I own a house prior to marriage, not the matrimonial home does my wife have any claim over it in a divorce. She has never made any contributions to this property in any shape or form ?

[Ethel]

All of your assets are taken into account in divorce - it does not necessarily mean she is entitled to any of it, but she may be.

[Stu Dent]

In Scotland, only property constituting 'matrimonial property' is divided or passed between the divorcing parties. However the Court must also consider the needs and resources of the parties involved.

So if in Scotland, the property you refer to would not be matrimonial property and could not be divided or transferred to your spouse, so she has no claim on it. However the Court may take the view that since you have this other property, your wife has a greater need than you to reside in the matrimonial home, and may be given full ownership of the matrimonial home or a greater share of any other matrimonial property. Like I say, the Court will consider the needs and resources of the parties involved. If you have far greater resources, and the wife has greater need, don't expect an even division of the matrimonial property.

[Stu Dent]

Just to add:

The court is not required to divide matrimonial property equally. The focus is fair division. Fair and equal are distinct from each other.

[emlett]

could do, depends on length of marriage and if any children are involved, go and seek advice as to a pre-nuptual agreement ring fencing certain assets from a claim.