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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12081
Experience:  30 years as a practising solicitor.
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I've recently split with my lesbian partner and we jointly

Customer Question

I've recently split with my lesbian partner and we jointly own a property in Scotland which she now lives in and pays the mortgage for. (I'm living in England). When I attempted to my personal property from our house she shut me out and wouldn't let me enter the house. She then called the police and accused me of assault during the ensuing argument. I then left and went to London with very few of my personal possessions. I've just received an email from a Scottish solicitor saying that if I go near her or the house an 'injunction' will be taken out against me. Our mortgage is in joint names but at present I am paying nothing as all our other joint debt (credit cards etc) is only in my name and I'm paying that off alone and can't afford both. Where do I stand on not being able to go to my own property?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
As the property is joint you are entitled to enter the property and get your property out. You can even break in if you have to; you are an owner.
The solicitor can't make threats of court orders u less his client is in some kind of danger or if you have threatened or assaulted her in the past.
Get your own lawyer to respond starting with a conciliatory email asking for an arrangement whereby you can get your belongings. If that doesn't work your remedy is to go to the sheriff court and raise a court action for delivery and damages.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.