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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12070
Experience:  30 years as a practising solicitor.
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My sons partner is living with him, if they were to separate

Customer Question

My sons partner is living with him, if they were to separate what are her rights, ie financial benefits.
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

There is a presumption that household items acquired during the relationship are owned equally. The same presumption applies to joint accounts opened to meet household expenditure.

The presumption can be rebutted if one or other party proves that he contributed the particular item or the funds.

In addition a cohabitant who has suffered a financial disadvantage in the interests of the other or in the interests of a child of the relationship can make a claim to the court for a capital payment from the other. See section 28 of the Family Law (Scotland) Act 2006 and the case of Gow v Grant in this connection. Both can be read online.

Other than this there are no rights. Each party leaves the relationship with what they brought in. Joint property falls to be divided equally unless it is established that it would be unfair to make an equal division and that one party would be unjustly enriched as a result.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.