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Legal matters

Splitting property in Scotland

2 replies

buzzgirly · 15/10/2013 17:54

I was wondering if someone can answer a question for my friend. He bought a house around 8 years ago and has been paying the mortgage. He got together with someone and had a dd, his partner has been living in house within for 3 years since dd cane along. They have now split - very acrimonious. She is claiming that she entitled to 50% of house even though she never contributed towards any of the bills. Is this true? Seems very unfair. We are in Scotland if that helps.

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STIDW · 16/10/2013 15:30

If they were married the former matrimonial home forms an essential part of matrimonial property to be shared although your friend could possibly argue special circumstances and he should get a greater share. On the other hand if they weren't married cohabitants in Scotland have certain rights and she may be able to claim something from him if she has been disadvantaged by the relationship, say by giving up/reducing work to care for the child, but she has no claim to the property unless she is named on the deeds. Either way your friend really needs to consult a solicitor to find out where he stands and what options there are.

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buzzgirly · 16/10/2013 20:27

Thanks for the reply. It's all such a minefield

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