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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 15944
Experience:  30 years as a practising solicitor.
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I have a house with an ex partner we are now splitting up

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I have a house with an ex partner we are now splitting up and I need help understanding my rights
JA: What steps have you taken? Have you filed any papers in family court?
Customer: no
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live in Ayrshire, scotland
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of thank you
Customer: replied 1 year ago.
My ex fiancé and I bought a house together - first time buyers. I had to give up a home I had under local authorities with my son. He had to move schools, he was disrupted. Now I am in the house with my son so he can still go to school. My ex wants £20K returned to him as his dad gifted the 20K to cover the deposit on the house. Only 17k was put down on the deposit. I did not and was never asked to sign any documentation to state that I was not entitled to any of the deposit if there was a breakdown in the relationship. Please help

Hello, my name is***** am a licensed lawyer from the UK.

As you are based in Scotland, I will opt out for my colleagues.

Thank you.

I am a solicitor in Scotland. If the title is in joint names then at first instance you have equal rights. However if one or other of you contributed more to the house or to the relationship then there can be a compensation type claim for payment under section 28 of the Family Law (Scotland) Act 2006. This is where one party suffered a disadvantage from contributions made during the relationship in the interests of the relationship. A gifted deposit would not fall into that category as it would tend to be a gift to both parties unless specified otherwise. I would argue for a split in accordance with the title which is presumably 50:50. I hope that helps. Please leave a positive rating so that JustAnswer credits me for my time.

Customer: replied 1 year ago.
Thank you so much for the information. I will most definitely rate you.

Thank you.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 15944
Experience: 30 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
Can I get some more advice please on this?Basically i have seen a mortgage advisor and i now wanting to take the stance of fighting for half of deposit etc as above. I need someone to negotiate with his solicitor.

You need to go to see a family law solicitor in your area for the purposes of opening and conducting negotiations.