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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11153
Experience:  30 years as a practising solicitor.
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Our son owns his house and lives with his partner and 2 daughters.

Customer Question

Our son owns his house and lives with his partner and 2 daughters. She is having an affair and has told him she has no feelings for him. Everything is in his name. Can he change the locks and keep her out?
Submitted: 1 year ago.
Category: Scots Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist.
I am sorry to hear about the current circumstances.
Please may I ask:
- how long have they been together?
- are they married?
- are the children both theirs?
- how old are the children?
- has she paid the mortgage, a deposit or renovated the house?
Kind Regards
Caroline
Customer: replied 1 year ago.
7and a half years. We are in Scotland. Both children are theirs. She signed the equivalent of a prenup. She has never paid anything and nothing is in her name. They are not married. Kids are 6 and 2.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
I am a Solicitor in England. I will transfer you question to the Scots Law section.
Kind Regards
Caroline
Expert:  JGM replied 1 year ago.
Thank you for your question.
I am a solicitor in Scotland. What does the cohabitation agreement say? Did she have a job which she gave up before they had children?
Customer: replied 1 year ago.
She had a job before. The wording more or less said that she had no claim on the house.
Expert:  JGM replied 1 year ago.
Two issues immediately come to mind.
1. She can apply to the court for occupancy rights to stay in the house with the children. This is a separate and distinct matter from ownership. See the Matrimonial Homes (Family Protection) (Scotland) Act 1981 insofar as it refers to unmarried persons. You can view online.
2. She may have a claim for a capital payment under section 28 of the Family Law (Scotland) Act 2006 which allows a compensatory type payment to be awarded in respect she has suffered a financial disadvantage in your interests and that of the children by giving up work and looking after the household etc. That could be considerable despite the cohab agreement and you should see an experienced family lawyer who can examine your specific circumstances and advise.
I hope that helps. Please leave a positive rating on the system so that I am credited for my time.