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Scotsnet

Welcome to Scotsnet - discuss all aspects of life in Scotland, including relocating, schools and local areas.

Seperation - not married or civil partnership

4 replies

FFSgetagripoldlady · 06/07/2023 17:36

Does anyone have any experience of ending a relationship with joint mortgage, kids but not married or formal partnership? I think I'm getting fucked over for fDP.

OP posts:
JobMatch3000 · 06/07/2023 17:47

Do you have a joint bank or savings account? If so, I'd take half out now.

What is the % share of ownership in your property? Did either of you ringfence your deposit? Unless you have paperwork to say otherwise, that will be a 50/50 split.

Do you share a car? In whose name is it in? That will establish ownership.

Discuss childcare. Who is going to be the primary carer for Child Benefit? Depending on your split of overnight stays, some Child Maintenance might be due.

JobMatch3000 · 06/07/2023 17:49

The issue in Scotland is how you determine the value of the house, as in some areas a sales price may be well above a Home Report Valuation.

The Divorce and Separation Board has some very wise posters. Good luck.

FFSgetagripoldlady · 07/07/2023 06:37

Thanks. Yes, deposit ring fenced. No savings. He's so underhand and I just can't get it together to fight. I'm meant to be grateful for the crumbs he's offering me.

OP posts:
ProseccoOnTap · 08/07/2023 13:05

Scotland has rights for Co-habitants under section 28 of family courts & you must raise a claim within a year of separation, based on who has had advantage or disadvantage during the relationship.

Pensions, property, being part time to look after DC etc can all be looked at as part of this process.

You will need a family lawyer, and it's not cheap - most are £250-300 per hour of work.

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