How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7263
Experience:  28 years as a practising solicitor.
Type Your Scots Law Question Here...
JGM is online now
A new question is answered every 9 seconds

I lived with a man and had 3 children to him.The house was

Resolved Question:

I lived with a man and had 3 children to him.The house was bought in both our names. When I left him and took the children there was never any settlement of the house. I have rented privately since then for a total of fifteen years. Now I am retiring, want to know am I entitled to half what the house is worth or half of what it was worth 15 years ago when I left him? or anything? He has 3 children by a previous marriage and 3 with me. What will happen to house if he dies and my name is XXXXX XXXXX the deeds? I felt maybe I was not entitled as not married to him.
Submitted: 9 months ago.
Category: Scots Law
Expert:  JGM replied 9 months ago.
Thank you for your question.

As the house is in joint names you're entitled to half of the value. If he dies, if there is a survivorship clause in the title you may be entitle to the whole house.

If you wish, you could go to the court and ask the court to make an order for the sale of the house and division of the proceeds. He could of course ask that you reimburse him for half of the mortgage payments made over the period.

Happy to discuss further.

I hope this helps. Please remember to leave a positive rating so that I am credited for my time.
Customer: replied 9 months ago.

Hi thanks for the answer. I don't think it would be realistic for him to ask for mortgage payments for the years that I privately rented a house to house his children when it was he who would not make the settlement. Please tell me if there could be any objection to me claiming only half what the house was worth when I left? Alternatively, if he died (he is ill) before this is sorted out, would his children from first marriage be entitled to claim his half? I know I was mad to leave it so long but the time has come to settle this as I am retiring. Thanks for your help. Fay

Expert:  JGM replied 9 months ago.
It would be entirely realistic to claim half of the value at the date of separation but I would hold out for half at current value.

As far as what happens if he dies that depends on the title. It may pass to you if there is a survivorship clause in the title. If there isn't his half share will pass into his estate.

Happy to discuss further.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7263
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    325
    UK Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    325
    UK Solicitor
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    226
    Solicitor and Advocate
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    26
    I am a practicing solicitor, specialising in litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3851
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2624
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience