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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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cohabiting couple in scotland. We are separating, hose is legally

Customer Question

cohabiting couple in scotland. We are separating, hose is legally mine, partner does not contribute financially in any way, car, house , groceries. been together 5 years. the car finance is in his name as better finance rate, however ive paid by transferring amount every month online to his account for 4 years. he is now threatening and abusive and saying he will take the car, do I have any recourse?
Submitted: 5 years ago.
Category: Scots Law
Expert:  JGM replied 5 years ago.
Thank you for your question.

Unfortunately you don't have a right to the vehicle. The car is owned by the finance comany and presumably he is registered as the keeper of th vehicle. However you do have a right to make a claim against your ex partner for the payments you have made in respect of the car and in respect of a share of the other payments you have made to the household over the period.

Such a claim is made under section 28 of the Family Law (Scotland) Act 2006 which provides that a party to a relationship can claim a capital payment from the other party where he or she can establish that there has been disadvantage suffered to the other's advantage as a result of contributions made in the interests of the other partner.

Where you have made the whole financial contribution to the relationship it is likely that you have a good case to raise proceedings for a capital payment to redress the balance.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 5 years ago.

Would this advice differ as Im the registered keeper? I thanks you for your guidance at this difficult time.

Expert:  JGM replied 5 years ago.
Yes that would make a difference. The finance company is the owner but you are the registered keeper. I'm not sure if that breached the finance agreement but as the keeper of the vehicle if he takes it you can make a claim for its return.