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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 13188
Experience:  30 years as a practising solicitor.
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I am currently going through a bit of a struggle with my

Customer Question

Hi, I am currently going through a bit of a struggle with my partner and may end up in a full split. I am looking for some advice on where I stand. He was the main owner of the property. I moved in in 2011 and we have a 4 years old girl together. In the beginning I paid half of the mortgage, he then got a new business account and took all the bills out of our joint account. I then continued to input by paying for my car and our family caravan, I pay for every single thing for my little girl, all monthly food shops and have spend thousands of pounds over the years on house on beds, carpets, furniture, all electrical goods, TV etc etc. I've paid all the holidays abroad and weekends away.I had to cut my working hours to look after my daughter so lost around £400 per month and I wasn't given anything from him for the drop. My name is ***** ***** mortgage but he said I'm not entitled to anything. Not quite sure where I stand.Any advice would be appreciated.thanks
Submitted: 9 months ago.
Category: Scots Law
Expert:  JGM replied 9 months ago.

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?

Customer: replied 9 months ago.
it is an has been since I moved in, its was done by him wanting to add me to it!
Expert:  JGM replied 9 months ago.

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.

Customer: replied 9 months ago.
Thanks very much for the response. I am hoping it doesn't come to this but he has said on numerous occasions I am entitled to nothing although did say I can take things I bought. One of the other main issues is that I look after my little girls 80% of the time, taking her to nursery, dressing her feeding her spending quality time of which he does none of. I work 31.5 hours but he said I work part time and its not his problem I have lost hundreds of pounds a month to look after her. He ears around 5 times what I ear nas he has his own business and owns 5 other flats which he rents out. I wouldn't like make 'things nasty' however I would need a roof over my head and probably wouldn't be able to survive on my own with my little girl without some support from him.
Expert:  JGM replied 9 months ago.

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.

Customer: replied 9 months ago.
Thanks again, do you suggest any solicitor firm or how I should decide who is best to represent me. I know they should all be fair. I expect I would need to pay lawyers fees which also worries me.
Expert:  JGM replied 9 months ago.

Whereabouts are you?

Expert:  JGM replied 9 months ago.

Can I help you further? Please leave a positive rating so that I am credited for my time.