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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 15024
Experience:  30 years as a practising solicitor.
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My partner and I are splitting up after 7 years living

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Hi,my partner and I are splitting up after 7 years living together. We are not married. The mortgage on the home we live in has always been in my name as my partner didn't ever want to fix her finances. I also owned a separate home before we got together. Combined we have equity of around £100k. Although my partner is not on any of the mortgage, I feel it is my right to share this combined equity (after expenses). I am though keeping my home which we are staying in. I don't think she has a legal right over it (or the equity, but I am happy to share the equity) Can you advise on this point please.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No. As we are not married, I didn't think any courts needed to be involved.
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 don't. Lanarkshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just the details and question on the 1st message ii sent.

Thanks for your question. I am a solicitor in Scotland. I will be helping you today. Your house is your own. Only in very limited circumstances would your partner have a claim for a capital payment which might involve the equity. Those circumstances are where your partner has contributed to the relationship in such a way that she is financially disadvantaged on her exit from the relationship to the extent that she should be compensated for that. Examples would be if she had made a substantial contribution to a refurbishment or if she had given up a job to being up a child of the relationship. You can see the operation of this law by looking online at section 28 of the Family Law (Scotland) Act 2006 and the UK Supreme Court judgment in the case of Gow v Grant. I hope that helps. Please leave a positive rating on the star rating system on your screen. That will allow JustAnswer to credit me for helping you today.

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Customer: replied 3 days ago.
Hi, that is great thanks. As I says, I am going to give her half the equity as she has contributed to the bills but as you says, the legal ownership of the house is mine. I will leave a positive rating.