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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10270
Experience:  30 years as a practising solicitor.
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I lived in my property before meeting my partner. The mortgage

Customer Question

I lived in my property before meeting my partner. The mortgage was in my name only. My partner moved in and after a while the mortgage was put into both our names. Six years ago we split up and she left the family home. At the time of her leaving there was an outstanding amount of 50k on the mortgage. I have to date paid approximately 15k off the mortgage. My ex now wants her share of the house. I have a buyer for the property but want to know if and when the sale goes through do I have to pay my ex partner half of the final amount or does she get 15k less (this being the amount I have cleared off the mortgage since she left?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

The starting point is that she is entitled to half of the free proceeds of sale because she is an equal title holder. Your argument is that she would be unjustly enriched were this to happen, however for the reason set out below you no longer have this argument. You should now try to seek an agreement with her setting out exactly what she will get on a sale.

The reason I think you should do this now is that you separated more than five years ago. A claim for unjust enrichment becomes time barred after five years and if this were to be argued in court your claim for unjust enrichment would be thrown out unless a contract is now entered into between the two of you.

Happy to discuss further. I will be back online later this evening.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10270
Experience: 30 years as a practising solicitor.
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