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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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I've been with my partner . Have 2 children together

Customer Question

Hi. I've been with my partner for 10yrs. Have 2 children together and live in our family home that he inherited when his dad died almost 4 yr ago. It's mortgage free. He got my name put on the title deeds when l moved in after his dad died. The relationship has now reached the stage that l no longer want to be here. For the last yr or so since having my 2nd son lve returned to work as lm the main wage earner and been paying for everything . He's been looking after son to save on nursery fees. I also inherited money when my mum died and spent it on home improvements. Question is where do l stand in terms of getting half the house to move on and start on my own.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
The title is in joint names so the starting point is that you would be entitled to half especially as you have also made an ongoing financial contribution to the house and the household. You have good grounds for getting a half share of the house, notwithstanding he inherited it. Had you been married there is a law that says that an inherited property is not matrimonial property. however that can't apply here for two reasons: that law doesn't apply to unmarried couples and secondly he decided to put the house into joint names.
Customer: replied 1 year ago.
Does he need to agree to and sign something b4 l can put the house up for sale
Expert:  JGM replied 1 year ago.
Yes he does: the house is in joint names. If there is no agreement you would have to instruct a solicitor to go to the sheriff court and ask for an order for sale.
Customer: replied 1 year ago.
OK. Many thanks for your help.
Expert:  JGM replied 1 year ago.
You're welcome. Don't forget to leave a positive rating on the system so that I am credited for my time.