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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11739
Experience:  30 years as a practising solicitor.
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Well its just that my partner and i have been together

Resolved Question:

Hi, well its just that my partner and i have been together living together since february 2005. I sold my house to move here with him. He set up a business in the USA and put the house up against it as security. Our relationship now has suffered and he has asked me to move on. 10 years of relationship. No children. I'm 53. What is my legal position. BTW the property is his and not in joint names, however I helped him finalise, paint, furnish (not financially) but maintained it, looked after it, paid the electric bills etc since he set up the business in USA, he didn't tell me he'd put up the house as collateral. As a cohabitant, what is my legal position. If you can help that would be appreciated.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Under Scots law a separated cohabitant has the right to apply to the court for a capital payment from the other party. This payment is to compensate for any financial disadvantage suffered by the applicant in the interests of the other party.
From what you say, this is exactly what has happened here. You sold up and moved to Scotland and contributed both financially and practically to your ex partner and his business.
Please read online section 28 of the Family Law (Scotland) Act 2006 and also the Supreme Court judgment in the case of Gow v Grant as background information as to how the law works.
Then see a family law solicitor in Scotland immediately as you on,y have a year from the date of separation to raise a claim.
I hope this helps. Please leave a positive response so that I am credited for my time.
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