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JGM, Solicitor
Category: Family Law
Satisfied Customers: 12072
Experience:  30 years as a practising solicitor. Partner in own firm.
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I live in Scotland and have a joint mortgage with my partner

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I live in Scotland and have a joint mortgage with my partner which we have both paid for two and a half years, we have now split up and he is going to stay in the house. He is adamant that I am not entitled to anything as he paid the deposit as I was due to take maternity leave and couldn't afford to do both. Where would I stand with this?

He's wrong. The house is in joint names. In theory your partner could argue that it would be unfair for you to benefit from the fact that he paid the deposit. That is the doctrine of unjust enrichment. However that is a very simplistic argument and ignores the provisions of section 28 of the Family Law (Scotland) Act 2006. That provides for compensation to an unmarried partner who has suffered financial disadvantage in the interests of the relationship or any child of the relationship. You had to take maternity leave and therefore couldn't contribute to the deposit. However, you did stay at home, have a baby and look after the baby and presumably your partner. That may cancel out his deposit payment and your own solicitor could certainly look at the detail of this and advise further. He is treading a very dangerous path if he suggests that the house should be split in any way other than in accordance with the title, which is joint. I hope that helps. Please leave a positive rating so that I am credited for my time.

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