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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10089
Experience:  30 years as a practising solicitor.
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My partner and I split up 16 years ago. The title deads of

Customer Question

My partner and I split up 16 years ago.
The title deads of the house is in joint names mainly because I was living with her before I built the house, because I was homeless. She was never involved in paying anything towards the site or the mortgage which has now been paid off. She actually only stayed in the house for a week and left me with a house built for us both in a area that she wanted.
The relationship ended 16 years ago when she had an affair with a local policeman.
She is now claiming half the value of the house, minis half the mortgage that she was never involved in.
Putting the title deeds of the house was the mistake I made, but was mainly due to me having no fixed abode at the time.
Yes the house is built on the site in joint names, but is she in her rights to come back after 16 years and demand half the value of the house, considering that we only cohabited with one another for one week in the property.
Submitted: 10 months ago.
Category: Scots Law
Expert:  JGM replied 10 months ago.
Thank you for your question.
Yes, she has a claim for half the value. Any challenge ought to have been made, on the ground of unjust enrichment, within five years. You are simply two people who own a house jointly and the right of each party is in accordance with the title. I'm sorry to tell you this as it will seem very unfair but the law is what it is I'm afraid.
I hope this helps. Please leave a positive response so that I am credited for my time.

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