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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10105
Experience:  30 years as a practising solicitor.
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I have been with my partner for nearly 10 months, in that time

Customer Question

I have been with my partner for nearly 10 months, in that time he persuaded me to give up my job and work as consultant. My father died in January which has meant my travelling back to Essex on several occasions and staying away. I took my mother back just over 12 days ago, and have been under the doctor for UTI. I am due to pick family up next week to go to caravans (2) at Seton Sands which are owned in Joint names. He now wants me to move out of the house, family not allowed up, because he had forbidden me to go down to collect them. Where do I stand, one of the agreements we made was that I would see my family once a month at least. All my furniture is in this house, I have very little savings and he has given me no support while ill, no food for 3 days and he had to take me to hospital on Saturday when turns out antibiotics given by my doctor had to be changed. I have spent months getting the house sorted and cleaned up and the garden. He does nothing in the house to help me, and leave his big dog here when he goes to work. Thank you. XXXXX (Mrs) He is a very wealthy man
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

There is nothing you can do unless you are intending to separate with him. Is that your intention?

I will receive your reply and respond later today.
Customer: replied 3 years ago.

Yes. I need to know where I stand with regards XXXXX XXXXX either forced to leave the house and the financial situation.

Expert:  JGM replied 3 years ago.
As you are not married you have no right of occupancy in the house unless you apply to the court for occupancy rights. The court can grant you the right to stay in the house for six months at a time.

Whether it is practical for you to be living in such a household in a matter for you to judge.

As far as your other rights are concerned, if you have made sacrifices in his interests and have thereby been financially disadvantaged, and if he benefited from this by having you around and you contributing and working in the household, then you may have a claim under section 28 of the Family Law (Scotland) Act 2006 for compensation. Such a claim has to be made within six months of any separation and a family lawyer would have to take a full case history from you and assess the prospects of success for you. You may also be entitled to legal aid.

Note that you have no claim for maintenance or other property claims that a wife would have. You are restricted to a claim for a capital pay,net to compensate you for your contribution to the relationship.

See the Supreme Court case of Gow v Grant which is all about this subject. You can get the case online. However you should see a solicitor as soon as possible so that your specific circumstances can be considered.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10105
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

thank you I have appt on friday with solicitor.

Expert:  JGM replied 3 years ago.
Glad to hear it. I hope that you get this resolved.

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