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Scottish law - equity share

2 replies

FloraSpreadableMacDonald · 10/08/2013 00:43

Hi, my LTP has upped and left me and our two young children. Do i have the same rights as a married couple?
we have a joint mortgage with a prenup showing i own one third, he owns 2 thirds. He is basing my equity on my payments into the mortgage. However, i gave up a well paid professional job to go part time to look after our children. There were also times when i paid in less e.g. during maternity leave.
He also used equity funds (his share of equity) to purchase the house he is livin in.
what are my rights towards my share in the house, taking into account i wish to remain living here with the children?
Many thanks in advance.

OP posts:
STIDW · 10/08/2013 09:58

You really need specialist legal advice. In Scotland ownership of property is determined by property law and when there is a cohabitation agreement it is treated as a contract. It sounds as though you would be entitled to one third share of any equity left after the mortgage is repaid and any expenses deducted.

However cohabitatants have rights to certain household goods and money. Payment of a capital sum may be appropriate because you gave up your career to look after children of the family. Cohabitation contracts may cover this so it's worth checking the exact terms.

FloraSpreadableMacDonald · 10/08/2013 12:45

Thanks. I've been given the name of a lawyer locally. i will contact them on Monday.

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