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How to advise friend about split - entitlement in Scotland?

(6 Posts)
Euphemia Sun 04-Sep-16 00:36:00

I have a friend whose relationship is crap. Two kids together, he voluntarily works stupidly long hours, does nothing for/with the family.

She's miserable. Works full time, does all the organising, cooking, cleaning, arranging childcare, etc. She is the higher earner but feels she couldn't afford to go it alone.

They're not married. In Scotland, where does she stand? IMO, he should move out. Pay maintenance for kids. Have them EOW.

How to advise her? sad

lucylou1234 Sun 04-Sep-16 00:37:55

Has she said she wants to leave him ?

Euphemia Sun 04-Sep-16 00:41:44

Yes - a few times. She's miserable but I think she feels stuck.

DollyPS Sun 04-Sep-16 00:47:10

Is it council house or mortgage. Is either in joint names. Council decides on former and if own that gets sticky as either or can't tell the other to leave.

Lawyer first to see where they stand but if I remember correctly they have to sell and spilt the difference from the sale. Unless one can buy the other out.

Maintenance is CSA or what ever name they using these days. Unless privately arranged which I wouldn't recommend

Euphemia Sun 04-Sep-16 00:52:08

Mortgage, joint names. I'm going to chat seriously next week and encourage her to get legal advice.

HirplesWithHaggis Sun 04-Sep-16 01:16:51

If his name is on the deeds, he can't be made to move out. He can't be made to accept EOW. He can be made to pay child maintenance with all the usual caveats - but surely the best thing is for your friend to have an honest conversation wih him (after seeking legal advice) and see where that goes. You haven't said anything that suggests he's actually abusive, might counselling be helpful for them?

Are you sufficiently familiar with her finances to work out a rough budget of how she could cope financially without him - or would you and she feel comfortable having that discussion?

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