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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11135
Experience:  30 years as a practising solicitor.
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We are not married but started living together in a house

Resolved Question:

We are not married but started living together in a house where I provided £180000 and she provided £35000. We then had an £80000 mortgage to reach the purchase price. It was a joint mortgage. We sold that house and bought another with all proceeds from the sale used in the purchase. Again we needed a mortgage (joint) to make up the difference. When we separate what is the rule regarding the division of monies from the sale? Many thanks
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?

-Is the title deed also in joint names, and if so is it as joint tenants or tenants in common and is it in equal shares?

-Is there any deed of trust or formal agreement regarding the the unequal contributions?

-Do you have any children together, if so their ages?

Customer: replied 1 year ago.
Sorry, Scotland. I thought this was a Scottish system
Expert:  hhlaw replied 1 year ago.

Apologies, I will opt-out and a colleague specialising in Scots Law will come to assist.

Expert:  JGM replied 1 year ago.

I am a lawyer in Scotland. I assume you have no cohabitation agreement that deals with this. That being the case, and if the title is joint 50:50 the default position in law is that the proceeds of sale would be divided equally between the two of you. However, you would make a legal case based on the rules of unjust enrichment. What that says is that, on a separation, it would be unjust that she benefit from a half share of the equity and that there was no intention that you had agreed that in the event of a separation your ex would benefit. The other side of that coin is that your ex may apply to the court for an order for a payment under section 28 of the Family Law (Scotland) Act 2006 on the basis that she is entitled to be compensated for any contribution she has made during the relationship in your interest or that of any children you have, for example if she gave up a job to become a homemaker for example. So there are a number of issues that would require examination by your advisers were you to separate. I hope that helps. Happy to discuss further. Please leave a positive rating so that I am credited for my time.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11135
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you