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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11149
Experience:  30 years as a practising solicitor.
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I have been living together with my partner years

Resolved Question:

I have been living together with my partner for twelve years now and we have two children. I moved into his house and sold my own. The house we live in is in his name only, I've said about jointly owning it and he said we can't change names on deeds. He has no interest in marriage. We are now doing an extension and I'm using some of my own cash to pay for this. Where do i stand legally if we broke up?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
If you split up and he hasn't allowed you to share the title to the house (and there is no reason why that can't be done legally, assuming any lender agrees) then you would have a claim against him for a capital payment representing your contribution to the property and to the relationship. You would have two arguments. Firstly it is unfair and unjust that he should be enriched by your contributions and not be entitled to be recompensed. Secondly you have a statutory right to be compensated for any disadvantage suffered by you in the interests of him, the children and the relationship. That is under section 28 of the Family Law (Scotland) Act 2006. You can read that section online as well as looking up the Supreme Court case of Gow v Grant which will give you an insight into how the law works in cases like this. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.
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