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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10916
Experience:  30 years as a practising solicitor.
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I moved into my partners flat 20 years ago and we have two

Resolved Question:

I moved into my partners flat 20 years ago and we have two children. He now owns the house outright in his name only. We are separating the children are 14 & 16. Am I entitled to money from the house, maintainable money and support for the children. I don't work and have never worked throughout the time we have been together. We live in Scotland
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
You are entitled to child maintenance for the children assuming both children are coming with you. The amount depends on what his earnings are, how many nights he will have them at his house and a number of other factors. He has to pay maintenance to you for the children for as long as they are in your care, under the age of 19 and are not working and in higher education.
As far as a share of money from the house is concerned, you are not entitled to anything from the house per se. However you may be entitled to a payment of money from him under the terms of Section 28 of the Family Law (Scotland) Act 2006 which says that if you suffered a disadvantage in the relationship in the interests of your partner or the children, the court can award you a capital sum of money. For example you brought up the children and contributed to the house in a non financial way perhaps to the detriment of your own career and earning potential. That allowed him to go out and work and earn. So the court may take the view that you have been financially disadvantaged and should be compensated accordingly. Read the Act online as well as the Supreme Court case of Gow v Grant, again online, and see a solicitor face to face who will be able to assess your specific situation and advise you in more detail as to your entitlement.
Do not delay. Your claim has to be raised in the court within a year of your separation otherwise it will become time barred.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10916
Experience: 30 years as a practising solicitor.
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