Ask a Scots Law Question, Get an Answer ASAP!
I am a solicitor in Scotland. If your name is ***** ***** mortgage you would usually be a joint owner of the house. Is that the case?
You can have a look online at sections 25 to 28 of the Family Law (Scotland) Act 2006 and you will see that your partner is entirely wrong. As a title holder you have a right of property in the house and you also have the rights detailed in the Act to a presumption of equal shares in household goods, household monies etc as well as a potential s28 claim to compensate you for any financial disadvantage suffered in his interests of that of your child. So he really should be very careful before making such statements. Your own solicitor will be able to look at this in more detail at a face to face meeting but you seem to have a number of claims that you can make if you do decide to separate. I hope that helps. Please leave a positive rating so that I am credited for my time.
If you separate you would be entitled to child support and all the other claims that the law of property and the 2006 Act allow for. Child support is based on his income primarily.
Whereabouts are you?
Can I help you further? Please leave a positive rating so that I am credited for my time.