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I’ve seen this on a a few Scottish law firm sites:
“Gifts or inheritance received during marriage are not matrimonial property, but if they are used, for example, to buy a house, the house is matrimonial property.”
My question is, in a separation agreement how might a source of funds argument change this? Can it be argued that the inheritance should be repaid after the sale of the house? Can that be contested? And if not, would the repayment be liable by both parties?
so, for arguments sake: husband’s inheritance was £400k during the marriage, house sells for £1.4m (no mortgage). Who gets what from the proceeds of the sale?
Thanks in advance for any input here.
“Gifts or inheritance received during marriage are not matrimonial property, but if they are used, for example, to buy a house, the house is matrimonial property.”
My question is, in a separation agreement how might a source of funds argument change this? Can it be argued that the inheritance should be repaid after the sale of the house? Can that be contested? And if not, would the repayment be liable by both parties?
so, for arguments sake: husband’s inheritance was £400k during the marriage, house sells for £1.4m (no mortgage). Who gets what from the proceeds of the sale?
Thanks in advance for any input here.
