What's my rights?

[sazzle8921]

Hello!
I'm looking for advice on separation. Basically, I'm getting all of my ducks in a row.
I've been together with my partner for over 10 years. We live together and have children. Prior to having children we halved the mortgage and bills. In the last few years this has been adjusted proportionally as I only work part-time but still works out at 40%. I have always paid half of all home improvements and any new furniture we have bought.
I'm not on the mortgage or the title deeds to the house. If we were to separate, what are my rights? What am I entitled to? Are there any organisations I can contact? I'm in Scotland as I know the laws can differ.
Thank you!

why are you not on mortgage or title deeds?

you can be on title deeds without being on mortgage

How come you think you have rights? Have you signed any legal contracts with the boyfriend? Only marriage gives rights, you have to opt in to having them. You’ll need to work full time and find your own property.

equity in property?

Equity how? It’s her boyfriends house.

you did see that they have children together?

Yep. And?

Proper legal advice but you are a bit stuffed if you can't provide proof of any contributions.

The man could leave his house to his kids when he dies, but equity is for when there’s two people on the deeds, or marriage. OP could ask a solicitor for advice on the fact she chose to pay towards someone else’s mortgage, I guess.

thankfully when it comes to children - the law doesn’t work like that. but i’ll hazard a guess that you don’t have children and have never divorced

oh shit OP - you’re not married.

Big mistake.

Thankfully not 😀. You’re conflating the issue-the parents are responsible for their kids, yeah, but legally single people don’t have any legal protections.

Were you trying to tell me I was wrong before you read any of the posts correctly and realised there is no marriage-hence my replies?

Because you are in Scotland you have different entitlements to those available in England. This would be a capital payment to cover any contributions to the home or improvements. I don’t think you will get a share of the house. But you need proper Scottish legal advice.

because the situation is a lot more nuanced than that.

legal rights? no

but unless he’s an ogre, he would presumably see that the OP most certainly warrants a certain share of the equity

and presumably she’s been primary carer of children, so like my very decent ex, i stayed in the family home

This certainly isn't true in England if someone has contributed to the mortgage for years. It forms a constructive trust and the party who is not on the deeds may still have a claim to some of the equity.

I'm afraid I don't know how the law works in Scotland though. I did just look at Shelter Scotland's website and it said you might be able to get a court order to stay in the property and contributions to the mortgage can aid such a claim. However, you may not be entitled to a financial share of the home even if you’ve made payments into the mortgage. You really need to speak to a solicitor in Scotland because this is not the kind of issue that is straight forward anywhere in the UK.

Some very ill informed responses on this thread. If the OP has contributed to home improvements, paid the bills (thus enabling the partner to pay more of the mortgage), then she may have a claim under a constructive trust. There is a well known case on this called Stack v Dowden. That is an English case but AFAIK (English lawyer) the law on trusts doesn't differ in Scotland. Suggest you take legal advice OP.

Actually this is quite bad advice itself. Stack v Dowden is completely irrelevant to Scots law and the law on trusts DOES differ in Scotland. Hence why the Society of Trust and Estate Practitioners offers a different diploma to people in Scotland.

Thanks for all of your responses.

I probably could have worded it a little clearer - what I meant was, am I entitled to receive any of the money back I have contributed over the years? Sounds like it's a bit of a grey area so I'll definitely seek professional advice.
Thanks again.