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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12173
Experience:  30 years as a practising solicitor.
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I wonder if you can tell me what my Rites are in the following

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Hi I wonder if you can tell me what my Rites are in the following situation.
My partner and I have split up after seven years. We have two children together and I have one other from a previous relationship.
My partner moved out of our house a year ago and I have been paying the mortgages bills etc since then. The problem is the mortgage and house are in my partners name and not mine. I put money into the house when we bought it but I am not on the deed. The mortgage was in arrears and I have also cleared these now. I want to buy my partner out but I can get a mortgage for it due to my earnings.
House cost 69k, think the balance is about 50k left. I earn 12 k, plus 8k tax credits (soon to be reduced) and ive just agreed a figure of 6k in maintanence to start next week.
I don't know if it's relevant but ive invested approx 10k into the house, majority of payments have came from joint account or my account. Plus I've paid My partners 2k arrears.
My partner also has a secured loan, 5 years left, 140 p/m... So approx 8k.
I need security for family so need to know what my options are and what I can do re the house.
Thank you for your question.
There are various alternatives open to you. You can ask the court to make an award of capital in your favour under section 28 of the Family Law (Scotland) Act 2006 (compensation for contributions to the family) or under the principal of unjust enrichment. That might equalise your interests in the house so that he would have to transfer it to you and for you just taking the mortgage on in your name. With your wages, tax credits and maintenance you should be able to get a mortgage of £50000.
You have to make a s28 claim within one year of separating so I suggest you see a solicitor and discuss the figures in greater detail but that would be my suggestion from the limited information I have.
I hope this helps. Please leave a positive response so that I am credited for my time.
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