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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12183
Experience:  30 years as a practising solicitor.
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I have just recently split with my partner of 9 years (not

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Good morning, I have just recently split with my partner of 9 years (not married) we bought a house together just before the split to which I paid all of the deposit and fees, the deposit was paid from a joint bank account to which she never paid any money into. I also own a small car sales business. We have a young son together who stays with me more than 175 days of the year. She has now moved out of the family home. Can you tell me what she is entitled to regarding the family home and my business please?
Customer: replied 4 months ago.
Also can she force the sale of the house?Thanks
Customer: replied 4 months ago.
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Customer: replied 4 months ago.
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Thanks for your question. I am a solicitor in Scotland. She is not entitled to any of your business on the basis that she has never contributed to the business. She is entitled to a share in the house but you would be entitled to be recompensed for your contributions by way of deposit and fees. She could force a sale of the house and you could offer to buy her out. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 4 months ago.
Thanks for your response. I was under the impression that she couldn’t force the sale of the house because our son is in full time education and is with me more than 175 day per year. Is that not the case? What would the process involve if she wanted to force the sale of the house? Thanks

No, there is no law that says that. The law is that no person is forced to own a house with another. She can go to the sheriff court with an action of Division and Sale and you would have no defence to that, hence your best option is to buy her out.

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