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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10916
Experience:  30 years as a practising solicitor.
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In 2006 I bought a house in Aberdeen with my girlfriend (who

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In 2006 I bought a house in Aberdeen with my girlfriend (who I will call SJ) for £192k. As an act of commitment I decided to get a joint mortgage so property in both names although she had nothing to contribute. I invested the whole deposit of £30k for a £162k mortgage.
For one year we paid 50:50 towards mortgage payments before I accepted job transfer to Thailand in 2007. SJ agreed to relocate with me and as result left her 20k p/a job in aberdeen.
For the next 7 years we travelled throughout Asia and Europe while I was the only one with an income. We rented the property for around 60% of the time while not living there.
In 2011 she fell pregnant with our daughter and we moved to Malta.
In July 2014 we decided to split and she moved back to the Aberdeen property with my 3 yo daughter.
Although I am in full agreement to pay CM weekly at £170 she demanded that property sold for 250k and everything split 50/50. I challenged her for my deposit of 30k to be paid and questioned why she was entitled to anything as she made 1yr of contributions to mortgage.
We struggled to sell the property in 2015 and now recently received offer of £251k and she refused the offer as she is now in new relationship and in no rush for her share and wants to ask for more while I accepted the offer as my financial position is precarious while I have been paying CM for the last 2yrs. Any advice on what rights I have as in the end I want to be in a position to support my daughter as she grows and want to fight my ex for the share of the property as she came into the relationship with nothing and leaving with almost £50k. Her argument is she gave up a career for me which was not the case as she came with me at her own free will and I supported her with luxurious lifestyle for the next 5 years.
Apologies for the long winded story but feel the need to inform of all details.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
The detailed facts you have given are helpful. Look at section 28 of the Family Law (Scotland) Act online and you will see her argument. She is looking for compensation for giving up things in your interests and your child's interests. However, she has to have had something to give up. Your position is that she was provided with a lifestyle by you and didn't suffer any disadvantage financially. See online also the case of Gow v Grant which gives an explanation of this law. From what you say her application would fail as there has been no disadvantage on her part. You on the other hand argue that she would be unjustly enriched were she to get a 50:50 split of the sale proceeds and that is a competent argument under Scots law even if the title is jointly held. Your remedy at the end of the day, if there is no agreement, is to go to the court and ask for an order for division and sale with the division being in your favour given that there was no intention on a separation that she should be enriched by your contribution. That would be unjust. I hope that helps. Your own solicitor may have to analyse the facts a little more but those are the legal principals. Please leave a positive rating so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10916
Experience: 30 years as a practising solicitor.
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