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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 15060
Experience:  30 years as a practising solicitor.
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My question is regarding the division of property in

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Hello my question is regarding the division of property in ScotlandIm just about to begin sorting out the division of our jointly owned family home
its more than 7 years since i moved out with our children..My ex partner still lives in it.
Its something ive not known quite how to tackle as he is very difficult. However i would now like to face up to sorting this out and divide our shares of the property fairly.
Please can you help advise me what may be a good place to start?
Are there any guidelines or some kind of legal blueprint i could follow?
Thank you.
I've been working hard to find a 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!
Customer: replied 4 months ago.
Hello Nicola, thanks for getting back, and yes please I will be ok to hold on for time being.
Thank you

Thanks for your question. I am a solicitor in Scotland. Are you married or just former cohabitants? We’re there uneven contributions made to the property / household or was everything largely equal? There is no template or blueprint but there are legal principals to apply to individual circumstances of each case so if you can explain things a little more I will help you with this.

Customer: replied 4 months ago.
Hello thank you for taking my question.
We were not a married couple, just former cohabitants.
We bought the house jointly with an equal cash contribution as deposit.
We still have a mortgage on it.

My ex partner (father of my 3 children )went to work full time.
I worked part time as self employed whilst bringing up the children.

We didn’t send any of our children to child care as I took them everywhere with me.

He paid the mortgage and household bills.
His salary was probably more than 4 times my earnings.
I feel we both bought household items and incidentals, children’s things and groceries on a relatively equal basis.
I contributed the spending money on annual family holidays.
I wasn’t counting.

I only ever used my own money and never asked any money from him.
Except perhaps for around a year or so he gave me a bank card ..for food shopping only my income went down greatly.

After leaving the family home ..for the first 18 months his total contribution towards the 3 children was around £700.

After that, when he started making regular child maintenance payments I think they were lower than they should have been, but I didn’t involve the child maintenance service.
He later on, then cut the child maintenance payments he was making to me in half as he said I had to pay my share of the mortgage.

Recently, I have involved CMS and his payments are higher.

He continues to pay the mortgage whilst living there.

However he has also told me in the past that when he took on additional borrowing as a mortgage on our home,..( this was way back when I was living with him),
that he was using this money to pay the additional interest on the mortgage, he is giving 2 explanations here of how our mortgage is being paid.

I hope this helps give you an idea for starters.
Thank you.

Thanks for your question. I don’t quite follow the last part of the text about the mortgage but other than that, from what you say, it would appear to be that this is a case where a 50:50 settlement would be appropriate given your even contributions both financial and bringing up family etc. Child maintenance following separation is a totally separate issue.

Customer: replied 4 months ago.
Thank you this is very helpful.
Regarding the mortgage part...
When we bought the house we had a mortgage on it. Later on he wanted to re mortgage for more. I eventually signed this , although I was very reluctant and didn’t want to. I’m sure that’s irrelevant however.
Since this joint remortgage, he told me he was paying the interest on this mortgage out of the money borrowed.
He has also told me that he cut the child maintenance he was paying to me in half,.. and using this to pay my share of the mortgage each month.
So it seems I have always been paying my share of this mortgage, and for a while it seems I’ve been more than paying my share.
However, this was before I have now involved CMS.

He tells me he will be continuing to live there.
I’d like this situation sorted out as quickly and as fairly as possible now.
Can you suggest what I should do firstly?

Thank you.

In the first instance I would see a solicitor to write to him and say you want the assets divided equally and the sale of the house by the court if an agreement to reach a fair division can’t be reached. I think you have to be a little firmer with your ex and push for what you are entitled to. I hope that helps. Please leave a positive rating so that JustAnswer credits me for helping you today.


JGM, Solicitor
Category: Scots Law
Satisfied Customers: 15060
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 4 months ago.
Thank you.
I’ll no doubt have some more questions for you on this situation as I work through it, if that’s ok.

No problem. You can post a question marked “for JGM only” and I will get it.