Financial Disadvantagement (Scotland)

Hi,

A friend of mine split up with her partner about 2 years ago. They were together for about 4-5 years and bought (and cohabited in) a house together in Scotland.

There was a joint mortgage and they both made considerable investment in the property but only his name was on the title deeds. They weren't married.

Now, he is saying that she has no rights to the proceeds of sale of the property.

Does she have a claim under Financial Disadvantagement - or any other aspect of Scottish Law? Her solicitor thinks she does but I'm looking for a second opinion...

Thanks in advance.

In Scotland rights to the sole or main residence in which cohabitants lived together are specifically excluded from cohabitants' rights and the law relating to property ownership has to be relied upon. Sadly that means if the deeds were held in the partner's name she has no claim to the property per se.

However, she could claim a capital sum to reflect any economic disadvantage suffered as a result of contributions to the relationship or in respect of the economic burden of caring for children after the end of cohabitation. Contributions are not restricted to financial ones, they include caring for the family and home, loss of career etc. There is no provision to claim periodic allowance (maintenance).

That means if a capital sum was paid it may come from the proceeds of selling or remortgaging the property even though she has no claim to the property.