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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12072
Experience:  30 years as a practising solicitor.
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I have a joint mortgage with my partner we are separating and

Customer Question

i have a joint mortgage with my partner we are separating and looking to sell the property.
I paid the full deposit and have paid for all of the home improvements. I have also paid the mortgage on my own this year. What is my ex partner entitled to once we sell?
Submitted: 2 years ago.
Category: Scots Law
Customer: replied 2 years ago.
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Expert:  JGM replied 2 years ago.
Thank you for your question.
The starting point is that your partner is entitled to half of the proceeds of sale after repayment of the mortgage and sale costs. However, you can argue that this would result in your partner being unjustly enriched and that you should be compensated for your contribution to the property by way of deposit and the home improvements. You would have to agree this in advance of the sale. If it can't be agreed at the outset then the sale should not proceed until you have an agreement or alternatively until the court decides the issue of unjust enrichment and entitlement under section 28 of the Family Law (Scotland) Act 2006 which you can read online. You can also read about this generally by looking up th case of Gow v Grant on the UK Supreme Courts website.
I hope this helps. Please leave a positive response so that I am credited for my time.