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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10914
Experience:  30 years as a practising solicitor.
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If my girl friend tells me to leve our relationship and has

Resolved Question:

If my girl friend tells me to leve our relationship and has no money can I get her to sell her home to pay me for work I have done to the house
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

No you can't. You can raise proceedings under section 28 of the Family Law (Scotland) Act 2006 for compensation for the work you have done but you can't force her to sell her house.

See the legislation here:

Page 18
28 † Financial provision where cohabitation ends otherwise than by death
(1)† Subsection (2) applies where cohabitants cease to cohabit otherwise than by reason of the death
of one (or both) of them.
(2)† On the application of a cohabitant (the applicant), the appropriate court may, after having
regard to the matters mentioned in subsection (3)
(a) † make an order requiring the other cohabitant (the defender) to pay a capital sum of
an amount specified in the order to the applicant;
(b) † make an order requiring the defender to pay such amount as may be specified in the
order in respect of any economic burden of caring, after the end of the cohabitation, for a
child of whom the cohabitants are the parents;
(c) † make such interim order as it thinks fit.
(3)† Those matters are
(a) † whether (and, if so, to what extent) the defender has derived economic advantage from
contributions made by the applicant; and
(b) † whether (and, if so, to what extent) the applicant has suffered economic disadvantage
in the interests of
(i) † the defender; or
(ii) † any relevant child.
(4)† In considering whether to make an order under subsection (2)(a), the appropriate court shall
have regard to the matters mentioned in subsections (5) and (6).
(5)† The first matter is the extent to which any economic advantage derived by the defender from
contributions made by the applicant is offset by any economic disadvantage suffered by the defender
in the interests of
(a) † the applicant; or
(b) † any relevant child.
(6)† The second matter is the extent to which any economic disadvantage suffered by the applicant
in the interests of
(a) † the defender; or
(b) † any relevant child,
is offset by any economic advantage the applicant has derived from contributions made by the
defender.
(7)† In making an order under paragraph (a) or (b) of subsection (2), the appropriate court may
specify that the amount shall be payable
(a) † on such date as may be specified;
(b) † in instalments.
(8)† Any application under this section shall be made not later than one year after the day on which
the cohabitants cease to cohabit.
(9)† In this section
appropriate court means
(a) † where the cohabitants are a man and a woman, the court which would have
jurisdiction to hear an action of divorce in relation to them if they were married to
each other;

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10914
Experience: 30 years as a practising solicitor.
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