Question regarding joint Mortgage/ownership years after separation - Scotland

Askingadvice

Partner A walks out on Partner B and children leaving Partner B to pay all bills including mortgage and raise kids. This happened over a decade ago. Children are raised and Partner B now able to sell home and Partner A pushing for this as they want money from the sale. 

Sale of property will effectively make Partner B homeless. Due to financial constraints Partner B was never able to take over the full mortgage legally but did pay everything themselves since Partner A left. No financial contribution was made by Partner A after they left. 

So mortgage and title deeds still in both names. Partner A wants 50% of all profits from sale which will mean Parter B will not have enough to downsize to a one bed for themselves. 

I know this isn’t fair but seems is it legal….does Partner B have any legal right to have greater share of profit from sale? They agree the original deposit should shared but the home was in negative equity when Partner A walked out. This is Scottish law…..ANY ADVICE IS WELCOME 

THANK YOU IN ADVANCE 

Askingadvice

Thanks in advance for any advice regarding this matter

Keep_pedalling

Were these partners married? 

Hoenir

Has Partner A sought legal advice? 

Askingadvice

Hi yes sorry forgot to add that they are married and never divorced because of the complications of house. Divorce will happen after the sale. Don't know if Partner A has sought legal advice but probably. I'm trying to get advice for partner B. Thank you

Hoenir

What assets does partner A have?  These will taken into account in determining the financial split. 

DE_612183

as part of the divorce there should be a "financial settlement" which will need to be agreed by both parties - thats where Partner B can make the case of what they have contributed.

kingstreet

In English Law Jones v Kernott is worth a read. Not sure how that translates to Scotland though.

RAS

Sadly, this is what happens when couple delay divorce. Does Partner A have any sort of pension?

sheramber

Does partner A own a house they live in?

Do  they pay into a pension?


All assets / debts of both parties get divided up when a financial settlement is made, as last of the divorce, 

Starting point is 50/50 which can be varied depending on. Circumstances. 

Partner  B needs to  get legal advice to ensure they get their fair share.

Some solicitors will give a  30 minute  free advice. 

Herzlos

B has a claim that the split should factor in A's absence for 10 years, which could factoring in how much A would owe for the unpaid half of the payments/bills/maintenance into the split, or any house price growth. 

However both A and B need to agree to the sale, so it could be messy outside of a divorce settlement. Given B would be left unable to purchase something else then it sounds like B doesn't need to be in a rush to agree on a deal. 

B does need to start the divorce paperwork now though, because it could be hugely drawn out.