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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11436
Experience:  30 years as a practising solicitor.
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HI I have been with my partner for 3yrs now, he owned his

Customer Question

HI
I have been with my partner for 3yrs now, he owned his home outright, no morgage and invited me and my son to move in with him after 6 months into our relationship. We have since got married and are still living in my partners home, it is only his name on the title deeds. I have contributed £600 per month for living expenses food bills etc. The house we live in has been valued at £280, 000. I would like to know if I have any rights as in if we were to seperate can he force me out our maritial home and am I entitled to any money. We live in Scotland. We have no children together, he has 3 grown up daughters and I have two sons, one who is 16 and still lives with us
Much Obliged for your time
Jules
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
You have no right to share in the value of the house as it was bought by your husband before the marriage. You do have occupancy rights to stay in the house as it is a matrimonial home.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Thank you for your answer. I appreciate your speedy reply.

I just wanted to know my rights should anything happen, and forgot to say, we are in the process of selling our home and buying a new one for £150000, so would the same apply to that home or would it be different since we are buying the house whilst married?

Much Obliged

Jules

Expert:  JGM replied 3 years ago.
A family home bought after marriage is different. You would have a right to a share in that house.
Customer: replied 3 years ago.
Thanks again. Even if my name was not on the deeds and it was purchased by the sale of my partners home?
Jules
Expert:  JGM replied 3 years ago.
Yes, as it's property acquired after the marriage. When it comes to a family home, "source of funds" arguments are no longer very popular with judges in Scotland.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.
Ok many thanks for your help and your time. Jules
Customer: replied 2 years ago.
We have now moved home to a house that he purchased and put in his name only.
My worry is, should anything happen to him ie death. Will i have the right to stay in our home or can his family come along and make me homeless. Would i have any rights to the home at all, even if he has left a will and left everything to his mother?
Thanks again
Julieann
Expert:  JGM replied 2 years ago.
A death situation is different from a separation. If he owns the house and wills it to someone else, then you do have a problem. If he wants to leave the house to someone else he should provide in his will that you have a lifetime right to occupy the house. If he doesn't do this you could be made homeless if his family are left the house and want to sell it.