I have lived in my house in aberdeen for 7.5 years with my partner who is the mother of my 2 sons. They are aged 19 and 16. We previously split before moving back in together then.The house is in my name,so is the mortgage, all the bills are too, i offered my partner to be on 1/2 of everything but she didnt want it. The relationship has now broken down beyond repair and i want her out of the house and want to avoid having to sell my house to do this. My questions are, what rights does she have towards the house ie. is she entitled for me or her to get house valued and demand any portion of potential profit that there may be on the original buying price ? If i sell the house is she entitled to anything ? Also what about contents we have bought while living here together, is she entitled to any of them, if so what ?. Note everything has been paid by me. Also now that my youngest son is 16, is he free to live with whoever he chooses and has my partner got any rights on him over me
Province/Country relating to question : Scotland
Thank you for your question.Your sons can choose who they want to live with as they are both over 16. Your partner is entitled to an equal share of household contents. She is entitled to half of any joint funds there are. If she has suffered financial disadvantage to your advantage, eg, by bringing up the children and losing out on her career then she may be entitled to apply to the court for a capital payment under s28 of the Family Law (Scotland) Act 2006. You can look up the Act online to see the provisions concerning separated cohabitants.I hope that this helps. Please press ACCEPT so that I am credited for my time.
The main thing i needed to know is about the house, does she have any claim on any potential profit, i want her to move out but if she doesnt i am going to have to sell the house, if i sell is she due anything, and if i want her out is she entitled to ask for any of the house increase value ?
She is not automatically entitled to a share of profit in the house, no. She is entitled to what I stated above. I hope that this helps. Please press ACCEPT so that I am credited for my time.
27 years as a practising solicitor.
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