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Nicola-mod
Nicola-mod, Moderator
Category: Scots Law
Satisfied Customers: 49
Experience:  Moderator
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Looking for advice on common law. My son is in a volatile

Customer Question

Looking for advice on common law . My son is in a volatile situation, he owns his house, the share a bank account for bills this includes day to day living food and thinks, he pays the mortgage his partner pays for sky television, can you advise my what his rights are and of course his partner rights due to common law rules
Assistant: Where are you? It matters because laws vary by location.
Customer: Scotland Glasgow
Assistant: What steps have you taken so far?
Customer: His partner is saying she is entitled to the house, and won’t leave can I stress This worrying
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Just his rights and of course her rights
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
Thankyou
Expert:  MARCUS Malin replied 1 year ago.

Hello, my name is Marcus.

Firstly common law does not exist it is a myth.

On the face of it your son's partner has no interest in his home.

Your son can ask her to leave and if she fails to then he can evict her.

She is living there by way of a licence granted by your son that he can revoke. Really just means he has given her permission to live there and as I say he can revoke his permission. I would suggest that if he is minded to do so he should instruct a local solicitor who can formally give her notice to leave and if she fails to go make the appropriate application to the court.

The only defence would be if she was to argue she has an interest in the property despite her name not being on the title.

This is known as a beneficial interest. Is very difficult to demonstrate a beneficial interest.

She would have to demonstrate that there was an intention for having interest in the property. She would have also have to make significant financial contribution and finally demonstrate that she is acting to her detriment.

The latter part is where most people fail in making such claims. The reality is even if she has contributed she has live cheaply. To make a claim she has to demonstrate that she has acted to her detriment. An example for instance if she was not living with your son and making significant financial contribution towards his home then she would have gone and bought her own home. Therefore by remaining in your sons home making significant financial contribution she has lost out by not buying her own house.

From what you say she has not made significant financial contribution sufficient enough to establish a financial interest in the property. If she wasn't living with your son should be living elsewhere and it would no doubt cost her significantly more.

Therefore on the face of it it is unlikely she will have any financial interest in the property and therefore your son has the right to ask her to leave and if she fails he can formerly evict her.

Thank you.

Marcus

Expert:  MARCUS Malin replied 1 year ago.

Hello,

I have opted out as I did not notice (it has since kindly been pointed out to me) that you are in Scotland.

An expert in Scottish Law will be able to consider your question as I have opted out.

Thank you.

Marcus

Customer: replied 1 year ago.
Thanks for your advice appreciate it
Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Thanks I have enough information thankyou again