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Should I be entitled to more?

  • lou30
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14 Mar 10 #191841 by lou30
Topic started by lou30
Hi, I'm new to this I've no idea if this is in the right place and it's going to be quite long so please bear with me!
I was with my partner for 5 years. A few months into our relationship he bought a flat, a year later I moved in with him.
He was left money by a family member so could pay off his mortgage, we then shared bills etc.
I fell pregnant so we needed to buy somewhere bigger. The flat was sold for £90 000, (after fees etc) we each put another £10 000 into buying a house and have a mortgage for £60 000.
We decided I would not return to work until our child reached the age of 3, (aged 1 atm).
He ended the relationship at the beginning of the year so we have to sell the house. I'm staying there with our child, he is paying the mortgage instead of maintenence.
I have had a letter from his solicitor saying I will receive the return of my initial deposit of £10k, he will receive his £100k, and if there is any profit, after fees etc this will be split equally. (there can't be though as we are still in the first year of the mortgage and haven't even covered the interest!)
My solicitor says I have a claim for financial disadvantage, his says I don't. The onus is on me to ask for an amount of money but I have no idea how much or if I even have a claim!
Can anyone offer some advice?

  • Fiona
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15 Mar 10 #191862 by Fiona
Reply from Fiona
Are you married?

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15 Mar 10 #191987 by lou30
Reply from lou30
Hi, no we are not married and that's why I'm not sure if I'm actually entitled to anything more than the money I contributed.
He doesn't want me to have any more money as he is going to buy another property (and be able to live mortgage free.
I on the other hand am not going to be able to get a mortgage as not working etc.
It just doesn't seem fair, I gave up work to raise his child after all!

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15 Mar 10 #192043 by lou30
Reply from lou30
Anyone got any advice?
Do I have a claim for financial disadvantage and any idea how much for?

  • Fiona
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15 Mar 10 #192062 by Fiona
Reply from Fiona
Your solicitor is correct. Under s28 Family Law (Scotland) 2006 cohabitants were given certain rights to property and money, including claims for any financial disadvantage suffered.

However, as far as I know there haven't been that many contested cases so there are few rulings to compare. To give you an idea in CM v STS, the first case of this kind, a cohabitant successfully claimed for half the cost of childcare until the child reached 16 years of age. See;

divorcesurvivor-fiona.blogspot.com/2008/...t-palimony-case.html

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