Unmarried in Scotland

[MrsWobbleTheWaitressIsTired]

We bought a house in 2013. DP put down £40k and I put down £20k. Since then, he has put in a further £16k gifted by his mum. We have just over £100k left outstanding and can't change deal for at least three more years.

Until 2020, I was main breadwinner earning 1.5x DP salary. This changed when he changed jobs and now earns more.

Things have been difficult for a few years, even pre covid. I need to know what I would be entitled to if we split.

Car in his name. Bills in both/ mixed. He has savings that he is hiding from me. He comes from wealth and his family wouldn't hesitate to shaft me if they thought that I was the gold digger they called me when we first got together.

Massive history in this but none relevant to this query. I can't afford legal advice and I won't qualify for legal aid.

In standard Mumsnet prep, I have documents, kid's things etc. I can't talk to him about this as he will close it down and will throw up barriers for absolutely everything.

Counselling isn't an option and neither is mediation.

Where can I get help? Any ideas?

My first stop would be Citizen's Advice.

How many children and what ages?

Thanks local one is completely overwhelmed with benefit cases etc. this is obviously much less important than that.

Oops. Kids 6&8

It's not less important. It's your housing. That's important.

I'd say honestly you can't afford not to get legal advice.

Scotland has different laws but not so much in relation to unmarried couples. The only asset you seem to share is the house. How that is split will depend on how it is owned. If jointly then it is a simple 50:50 share of the equity. If your are tenants in common then that will determine the split.

Anything you own or have in your name is yours. Same with him.

As you are not married you won’t get any rights to a bigger share of the house. It is more difficult and costly for you to obtain rights to defer the sale or release of his share. And probably not feasible if you can buy or rent a suitable alternative.

Bottom line is that because you are not married it is simple to split because neither of you have claims on individual assets. The only issue is the house. But that will be defined by the ownership agreement.

Scotland’s laws in relation to unmarried couples are different (insofar as I understand the English position). You do need a lawyer. The time limits for making a claim against a cohabitee are very short.

I don't think you will be entitled to claim any of his savings or pension as you would if you were married. You should get half the value of the house and child maintenance. You should contact the CAB for advice. Your case is important too.

Scotland does have cohabitant's rights - you can make a section Section 28 claim - will reply properly later.