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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11752
Experience:  30 years as a practising solicitor.
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My daughter and her fiancee lived with us in our house for

Resolved Question:

My daughter and her fiancee lived with us in our house for more than a year so that they could save up a deposit for a house. My daughter helped with the weekly expenses ie food etc,but her fiancee paid nothing. The fiancee saved up more than twenty thousand pounds while he stayed in our home. He bought a house and they both moved in but split up after a year. The house is in his name alone. Can my daughter claim anything for the time they spent at our house as she was helping with the deposit.
Bill
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
Yes, she can make a claim for a capital payment from him under section 28 of the Family Law (Scotland) Act 2006. This allows her to argue to a court that she was financially disadvantaged because of contributions made by her during the relationship as a result of which he enjoyed an advantage. In other words she supported the two of them so that he could save the money for the family home.
You can read the legislation online as well as the Supreme Court judgment in the case of Gow v Grant which is an authority on this part of the law.
I hope this helps. Please leave a positive response so that I am credited for my time.
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