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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11154
Experience:  30 years as a practising solicitor.
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My partner purchased a plot with his girlfriend at the time

Customer Question

Hi my partner purchased a plot with his girlfriend at the time ,her name is ***** ***** paper work she didn't contribute to the purchase .He went on to build a house on the ground ,his name only on mortgage again no contribution from her in any way,she was never his wife and she never lived in the house but now 20 years later she is trying to claim half the house. Please could you advise
Submitted: 1 year ago.
Category: Scots Law
Expert:  clairep80 replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhy was her name not removed at the time the mortgage was taken out?
Customer: replied 1 year ago.
I'm not sure why the house now is mortgage free
Expert:  clairep80 replied 1 year ago.
Hi
My apologies I have just seen that this is a Scottish matter.
I shall opt out and transfer you to the correct section
It will take a little time - but my colleague is well worth waiting for
Clare
Customer: replied 1 year ago.
Many thanksūüėĄ
Expert:  JGM replied 1 year ago.
Thank you for your question.
In Scotland the general law on this is that two people who own a property jointly are entitled to a half share each irrespective of who contributed what.
That principal can be displaced in two situations:
1. By advancing an argument that were the party who hasn't contributed to benefit from the property, that would be what is called unjust enrichment. In other words she is benefiting from a particular scenario without having contributed. A claim of that nature has to be made by the other party, usually in the context of an application to the court to sell the property, within 5 years of the parties' separation.
2. By making a claim under section 28 of the Family Law (Scotland) Act 2006 which makes provision for one party to compensate the other for contributions made during the relationship. That is a recent law and in any event has to be used within a year of separation.
Because of the time that has passed, therefore, this person is entitled to a half share of the current value of the property simply by virtue of her being a joint owner. I know you don't want to hear that, but that is the law in Scotland.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11154
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
Is this still the case when the plot the house was built on was only in there joint names not the house building or mortgage
Expert:  JGM replied 1 year ago.
I'm not sure why the mortgage wouldn't be in joint names where the land is owned in joint names. However the house is build on the land and the law is that the house is owned by whoever owns the land. For example if I build a house on land owned by you the house is yours.