Am I entitled to share in STBXH new propery (Scottish Law)

[steelchic]

Hi,can anyone advise me on this situation.
STBXH seperated last year, we are in the process of sorting out our property.H wants £50K from me but I can't afford this I only earn £12K PA he earns £65K at least.
To put you in the picture he is a compulsive liar. He rented a house with his GF (I knew nothing about her and he was still living in family home) When I found out about her he told me it wasn't serious and we went to couples counceling, needless to say it was a waste of time.
Last july he bought a house with his GF (told me he was still in rented house) The house cost £250K and he partly financed the deposit for the propertly buy cashing in Isa's obv in his name but we used to contribute the same amount every month to the investments, I had exactly the same invesments but we cashed one in £3K for some improvments to our family home and the other stocks and shares ISA i've had to cash in for Xmas etc (we have 2 DC's and I have an older child from prev relationship). He also cashed in a £5k savings bond that was in joint names.
So what I'm saying is he has cashed in savings for this new property and I had to cash mine in just to live on holiday xmas for kids. The intention for the investments was it was for our family and for our future.
Also, we don't have a mortgage on the house I live in with DC'S thanks to my brother giving me £88K to pay motgage off (brother now wants money back as he feels that it was meant to make my life easier not give H the oppertunity to go off with other woman)
Also at time he bought other house, he was still talking about coming back to me and DC'S (as I said compulsive liar)
Sorry it's a bit rambling my lawyer says i'm not entitled but I've heard through another lawyer I may be.
As I said Scottish law

Thank you x

[RedHelenB]

Your brother gave you a gift - did he stipulate at the time it would have to be paid back if you split up with STBXH? I can't really see any basis for him getting his money back tbh unless there is a paper agreement drawn up that all three of you have signed.

Sorry, don't know anything about Scottish law.

[steelchic]

It was more of a long term loan, to be paid back in the future, no time scale argeed and no paper work drawn up. My brother tbh didn't expect money to be paid back. But he is not happy that my H is asking me for money and used all savings (that he wouldn't have had if we were still paying a motgage)

[STIDW]

Do you have a formal written loan agreement with your brother and where did the savings originate from?

In Scotland matrimonial assets are just those accrued between the dates of marriage and relevant date, usually the date of separation. Gifts and inheritances are also excluded from the matrimonial pot as long as they have been kept separate and not incorporated int family finances.

[steelchic]

No written loan agreement, the savings came from our joint account every month

[olgaga]

Ignore the solicitor who told you "you're not entitled".

Your joint assets must be divided in accordance with what's fair. That includes taking into account any economic disadvantage you face. So even if the house is solely in her name (which I doubt) there will be a paper trail providing evidence of his contribution to the purchase.

You need a decent solicitor! Have you got copies of all the financial information? If I were you I'd make sure you've got all that information in place, and see a solicitor who will represent you and your family's interests properly.

Where did you get your solicitor? Did you try:

www.familylawassociation.org/

[steelchic]

Thanks for your reply I'm just using a local sol as I thought things would be relatively amicable but now it's not. I will make an appointment with another to get a 2nd opinion.

[STIDW]

You need a solicitor specialising in family law.