Scots Law

Scottish law questions? Ask a Scots lawyer

Ask an Expert,
Get an Answer ASAP!

A couple, domiciled in Scotland, unmarried, joint owners of…

Customer Question
A couple, domiciled in Scotland...
A couple, domiciled in Scotland, unmarried, joint owners of property. What is the legal position regarding the property and the contents on separation? One can prove that the deposit and all the renovations were paid by him. He pays 2/3 of the mortgage and she pays 1/3. All household bills with the exception of the weekly groceries are also paid by him. They do not have any joint bank accounts. They have twin sons who will be 18 in September.
Submitted: 8 years ago.Category: Scots Law
Show More
Show Less
Ask Your Own Scots Law Question
Answered in 20 minutes by:
6/14/2010
Lawyer: JGM, Solicitor replied 8 years ago
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12,545
Experience: 30 years as a practising solicitor.
Verified
Thank you for your question.

The contents are deemed to be owned equally except insofar as gifted or inherited from a third party. As the house is owned equally then each has a claim to one half of the free value of the house. If one party feels that he has been financially disadvantaged to the benefit of the other then he can apply to the court for a capital payment under s28 of the Family Law (Scotland) Act 2006. This Act contains provisions relating to cohabiting couples in sections 25 to 29 and you can find the specific provisions online. In this case you would seek to argue that the deposit and an additional sum representing the unequal contribution towards the mortgage payments should be capitalized and paid. A contra argument may be that the other party has been disadvantaged by, for example, staying at home to bring up the children and has suffered loss of career prospect as a result. This could in fact result in a s28 claim by that party. You cannot judge these type of cases in purely arithmetical terms therefore you should take advice on your specific circumstances.

I hope that this helps. Please press ACCEPT so that I am credited for my time.
Ask Your Own Scots Law Question
Customer reply replied 8 years ago
What happens regarding the contents of the house?
Lawyer: JGM, Solicitor replied 8 years ago
This answer is protected
Would you like to ask this question?
If you've already paid for this answer, simply Login.
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask JGM Your Own Question
JGM
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12,545
12,545 Satisfied Customers
Experience: 30 years as a practising solicitor.

JGM is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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!

RickLeeds, 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. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

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!!!!

AlexLos 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.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

346 satisfied customers

Qualified Solicitor

John Knox

John Knox

Solicitor

226 satisfied customers

Solicitor and Advocate

Kasare

Kasare

Solicitor

26 satisfied customers

I am a practicing solicitor, specialising in litigation, employment and family law

INC

INC

Solicitor-Advocate

3,878 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,760 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

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

James Mather

James Mather

7,349 satisfied customers

Senior Partner at Berkson Wallace

< Previous | Next >

Related Scots Law Questions
I have a property in Scotland which is let at present. I would
I have a property in Scotland which is let at present. I would like to either sell and give the proceeds to my son for a deposit on a property of his own or transfer ownership to him to sell when he i… read more
JGM
JGM
Solicitor
Bachelor's Degree
12,545 satisfied customers
House jointly owned, mortgage free. Husband & wife now split,
House jointly owned, mortgage free. Husband & wife now split, not divorced. Wife in marital home with new partner. New partner has said he will not claim on house, either as cohabitee, or, as " new " … read more
JGM
JGM
Solicitor
Bachelor's Degree
12,545 satisfied customers
I have bought a property with a partner (not married) and the
I have bought a property with a partner (not married) and the relationship has broken down we are joint names on the mortgage. I invested £42000 into the property. £20000 for a deposit leaving £22000 … read more
JGM
JGM
Solicitor
Bachelor's Degree
12,545 satisfied customers
I separated from my ex in 2004 and divorced in 2006. I had
I separated from my ex in 2004 and divorced in 2006. I had custody of our 2 children & have been paid maintenance (albeit erratically) since 2005. My youngest son is now 17 (18 in August) & attending … read more
JGM
JGM
Solicitor
Bachelor's Degree
12,545 satisfied customers
My partner has just advised me he is leaving me, the mortgage
My partner has just advised me he is leaving me, the mortgage on the house in my name only though we have both paid money into a joint account each month to cover household costs though I've generally… read more
JGM
JGM
Solicitor
Bachelor's Degree
12,545 satisfied customers
Following on from my previous question, the answer to which
Following on from my previous question, the answer to which was extremely helpful. If my son has lived with his partner for 6 years as a common law husband, does he have a claim on her house if they s… read more
JGM
JGM
Solicitor
Bachelor's Degree
12,545 satisfied customers
My ex-girlfriend and I separated after 8 years together. I
My ex-girlfriend and I separated after 8 years together. I bought a property with my own savings as deposit and the mortgage was/is in my name only. After buying the property my girlfriend moved in an… read more
JGM
JGM
Solicitor
Bachelor's Degree
12,545 satisfied customers
hi I find myself a single mum of 3 yr old twins. I am in
hi I find myself a single mum of 3 yr old twins. I am in the process of doing a minute of agreement with my husband as the house is up for sale in Scotland,the girls and I have moved to England to liv… read more
UKfamsol
UKfamsol
Solicitor
Law Society Final Examination
318 satisfied customers
My brother is in a situation at the moment where his girlfriend
My brother is in a situation at the moment where his girlfriend has moved into his house. The house is in his name and she is not contributing at all to the bills etc. My brother has a will in force f… read more
JGM
JGM
Solicitor
Bachelor's Degree
12,545 satisfied customers
My son owns his own house , the mortgage and bills are all
My son owns his own house , the mortgage and bills are all in his name and he paid the deposit from a gift given to him by his grandmother. His ex girlfriend moved in with him and lived with him in th… read more
JGM
JGM
Solicitor
Bachelor's Degree
12,545 satisfied customers
Hi there, I am hoping you can give me advice based on the
Hi there, I am hoping you can give me advice based on the following information, thanks. I currently live with my partner and we are looking to separate. We have one son (7 years old) and my partner h… read more
JGM
JGM
Solicitor
Bachelor's Degree
12,545 satisfied customers
Hello Situation, non married couple, 2 children, joint name
Hello Situation, non married couple, 2 children, joint name on mortgage, I pay all bills and mortgage and have paid for all improvement. There is not a lot of equity plus I paid a 50K deposit. She has… read more
JGM
JGM
Solicitor
Bachelor's Degree
12,545 satisfied customers
my partner and I have separated after 15 years, I am going
my partner and I have separated after 15 years, I am going to take over mortgage for the house - where do I stand regarding a settlement for male partner who has left and pensions held by both parties… read more
JGM
JGM
Solicitor
Bachelor's Degree
12,545 satisfied customers
i wonder if you can help me. i have stayed with my partner
i wonder if you can help me. i have stayed with my partner for 5 and a half years. i have payed of the morgage in the property that he has had since 1992. i payed the remainder of 35 thousAND POUNDS I… read more
Daniel Smith
Daniel Smith
Bachelor's Degree
3,777 satisfied customers
A husband and wife split up after 38 years. both have worked
A husband and wife split up after 38 years. both have worked and earned wages during the marriage, the wife not all the years but a substantial portion. The husbands wages paid all the bills, mortgage… read more
JGM
JGM
Solicitor
Bachelor's Degree
12,545 satisfied customers
I have lived in my house in aberdeen for 7.5 years with my
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 … read more
JGM
JGM
Solicitor
Bachelor's Degree
12,545 satisfied customers
I am separating from my partner, were not married. We reside
I am separating from my partner, we're not married. We reside in Scotland. The house we live in is mortgaged and only in my name. I pay the mortgage and all household bills. We dont hav any joint acco… read more
ScotsLawPro
ScotsLawPro
Solicitor
Bachelor\u0027s Degree
Hi- hopefully you can give me some form of direction as to
Hi- hopefully you can give me some form of direction as to how I can sort out this mess. My partner moved into my home in 2005. Issues have arisen and I feel its better to part - we have 1 child betwe… read more
ScotsLawPro
ScotsLawPro
Solicitor
Bachelor\u0027s Degree

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x