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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11153
Experience:  30 years as a practising solicitor.
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Separation from a Partner

Resolved Question:

My Brother has just separated from his partner (about 2 weeks ago - he was told to leave). They have 2 children (8 and 12) and have been renting her father's house. They have a joint bank account in which my brothers redundancy of approx £10k was put into. He used some of the money to redecorate the children's bedrooms but last night he found that he had much less money remaining as she has taken out a couple thousand pounds since the separation. Can he get legal aid for a Solicitor and can he go into the house (he still has keys) and take out items which he paid for (he initially left with his clothes and his car and is temporarily living with our Mum).

Regards

Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
He can get legal aid for this type of case depending on his financial circumstances. He check out the calculators at www.slab.org.uk
If the tenancy of the fathers house is joint he is entitled to access to the house. If he has keys he should just wait until she is out to avoid confrontation. Property purchased during the relationship is deemed joint property unless one or other party establishes that they acquired it.
It goes without saying that he should clear the joint account of the balance of his money if she is removing large amounts as you describe.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
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