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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11277
Experience:  30 years as a practising solicitor.
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My partner and I are splitting up, the house is in his name,

Customer Question

My partner and I are splitting up, the house is in his name, we have 3 kids what are our rights, he wants to keep the house
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

The rights you have are contained in the Family Law (Scotland) Act and this provides a set of basic rights for cohabitants whose relationship ends covering:

• the sharing of household goods, bought during the time the couple lived together. This means that if you cannot agree about who owns any household goods, the law will assume that you both own it jointly and must share it or share what it is worth;

• an equal share in money derived from an allowance made by one or other of the couple for household expenses and/or any property bought out of that money. It is important to understand that this does not apply to the house that the couple live in;

• financial provision when, as a result of the decisions the couple made together during the relationship, one partner has been financially disadvantaged. This means, for example, if the couple decided that one partner would give up a career to look after their children, they can ask the court to look at the effect that decision had on that partner’s ability to earn money after the relationship has ended; you can ask the court to make the other party give you a sum of money to reflect any disadvantaged you suffered in the interests of by our partner or the children;

Apart from the rights arising from the 2006 Act. You partner would have top pay maintenance for the children assuming they are going to live with you. The exact amount varies but where you have three children the amount would be approximately 25% of his take home pay.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Expert:  JGM replied 4 years ago.
Please let me know if I can assist you further. Otherwise please leave positive feedback so that I am credited for my time.
Expert:  JGM replied 4 years ago.
Please let me know if I can assist you further. Otherwise please leave positive feedback so that I am credited for my time.