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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11277
Experience:  30 years as a practising solicitor.
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I lived with a man and had 3 children to him.The house was

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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.
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 3 years 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

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.
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