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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11288
Experience:  30 years as a practising solicitor.
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I lived with my partner for 18 years until she left for

Customer Question

I lived with my partner for 18 years until she left for another man
I had to sell house etc which was in my name
Fro what was left after debts etc I gave her 18000 pounds
A year later she says she wants and is entitled to more under common law ( we live in scotland )
Submitted: 9 months ago.
Category: Law
Expert:  JGM replied 9 months ago.

Whether you would have to give your ex partner anything else would depend on a variety of circumstances. However, her claim would be made under section 28 of the Family Law (Scotland) Act 2006. If you have been separated for more than a year, her claim is time barred. Furthermore, the Court of Session has ruled that if she has failed to raise a section 28 claim she is not allowed to raise a common law claim. See the decision of Lord Becket in the case of Robert Courtney's executors v Yvonne Campbell which you can look up at www.scotcourts.gov.uk. I hope that helps. Please leave a positive rating so that I am credited for my time.