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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11150
Experience:  30 years as a practising solicitor.
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I have bought a house with my partner I paid the deposit but

Resolved Question:

I have bought a house with my partner I paid the deposit but my name is ***** ***** the mortgage how do I stand legally?
Submitted: 1 year ago.
Category: Scots Law
Expert:  hhlaw replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-Are you in England or Wales?-You state that your name is ***** ***** the mortgage, but is it on the title registered at the Land Registry?-Are there any formal written agreements between you or a deed of trust in place?
Customer: replied 1 year ago.
we are in Scotland my name is ***** ***** any of the above legal documents,the solicitor who dealt with the purchase of the house is aware that I alone paid the deposit ,how should I go about getting legal assurance that I am entitled to half if we were to separate
Expert:  hhlaw replied 1 year ago.
Thanks - I will opt out and allow a colleague who specialises in Scots Law to assist you.
Expert:  JGM replied 1 year ago.
Hi, I am in Scotland. You have certain rights even if you are not on the title. Ideally there should have been some kind of written cohabitation agreement between the two of you but even if there is not, the law in Scotland will afford you a degree of protection if you separate. You would be entitled to claim your contribution to the house back on several grounds. 1. The doctrine of unjust enrichment means that you would not be expected to waive your contribution on a separation and could claim the deposit back as well as any other financial contribution, such as mortgage payments. 2. The terms of section 28 of the Family Law (Scotland) Act 2006 say that you are entitled to be compensated for any financial disadvantage suffered by you during the relationship in the interests of your partner or any children of the relationship. You can read the Supreme Court judgment in the case of Gow v Grant online. However, these are remedies you can use in the event of a separation. You would be better to have your lawyers draw up a contract now so as to reflect your respective rights in the property and this would be enforceable notwithstanding the legal title is in your partner's sole name. I suggest you deal with that now. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11150
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you