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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10085
Experience:  30 years as a practising solicitor.
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On splitting from my ex-partner of 10 years (2 children). I

Customer Question

On splitting from my ex-partner of 10 years (2 children). I have discovered that I have no claim on the family home because it is in his name. We were joint tenants for 18 months prior to purchase (with no deposit). The reason it was in his name was because I worked commission only and had a bank loan outstanding, we also planned a family where I would be the main carer. I am totally sick that I am losing out on a share of £70k equity. I do not see why as this property is not the same as "goods purchased within the relationship" why it should be treated differently. I have contributed substantially to this property paying in £10K for an attic conversion etc. Can property laws be challenged??
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

Property law isn't relevant here. However you may have a claim under section 28 of the 2006 Act that you refer to . This section allows you to apply for a capital payment within a year of separation to compensate you for any disadvantage suffered by you as a result of the relationship or in the interest of the children.

The court has the power to make an award of a capital payment based on the assets and based on your contribution to the relationship. See a good family lawyer now about this. The lawyer must be experienced in the law of cohabitants.

Happy to discuss further although I will be going offline until Sunday morning.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Does the house count as an "shared asset" or not as its in his name??

Expert:  JGM replied 2 years ago.
No it isn't a shard assets. Your only remedy is to start a section 28 claim on the basis of your contribution.
Customer: replied 2 years ago.

As disappointing as this news is, Thank you. I had hoped to find an alternative and better way to tackle this.

Expert:  JGM replied 2 years ago.
Your welcome. Please don't forget to rate my service so that I'm credited for my time.

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