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EXPERT ADVICE

Turning “our home” into “your home”

Nobody likes to think about it, but do you know what would happen to
your home if you and your partner separated?

t’s a situation no one hopes to face, but it affects around a third of married
couples in Scotland: divorce. Separating from your partner - whether married
I or cohabiting - can affect your rights to your home, and navigating it can be
difficult. With the right support and legal advice, however, there are smoother ways
through this tough chapter.

Assess your situation
Before marriage or buying a home together, What if you aren’t named on the mortgage?
did you sign agreements confirming ownership Separation can be particularly difficult if only one partner is named on the mortgage.
rights, such as a pre-nuptial contract? If so, Couples often split repayments equally, but if only one partner paid the deposit or
your solicitor will have clearer grounds to qualified for the loan, the other may be left without legal standing. Agreements made
advise you. Without such agreements, legal at the outset can help by clarifying repayment rights, though they won’t give ownership
advice is essential.
to the non-named partner.
For cohabiting couples, it’s wise to consult a
solicitor before signing contracts. If one partner
contributes more to the deposit, or owns the Can you buy out your partner? What if the home isn’t paid for equally?
home outright, formal agreements can help Something that may come up is the option It’s not uncommon for household bills to be
confirm rights and protect assets. Pre-nuptial for one partner to buy out the other partner’s split differently according to separate incomes,
agreements aren’t only for the rich and famous!
share of the property. If one partner doesn’t especially in a family setting where one partner
want to leave the property, this is an outcome may earn less due to working part-time and
Update your will that can suit all parties. This is something you raising children. In an instance where one partner
Keeping your will current is vital, especially can request as part of a divorce settlement, is paying the mortgage, and another is paying
if you have children or property. If you’re but something that isn’t enforceable if you’re the household bills, you may be worried about
separating, you should update it to reflect your unmarried; in this instance, it would be your rights to an equal share of the property if
new circumstances. Otherwise, if something helpful to have an agreement in place prior you haven’t paid an equal share of the mortgage.
happens before divorce is finalised, your to the relationship breakdown which states
existing will still applies, which may not reflect that one partner would have the right and Legal experts state they would look at the
your wishes. the means to ‘buy out’ the other. financial position of each partner at the beginning
of the relationship, and if there was a significant
Don’t rely on hearsay If you’re separating amicably, you may be economic imbalance that wasn’t evened out by
A common misconception among unmarried able to agree on a situation that suits you another contribution, there may be cause for a
couples is the idea of “common-law marriage.” both, but if not, you will need legal advice claim for compensation. There is an expectation
In Scotland, no such legal status exists. No to reach a conclusion. It’s imperative that if for evidence to be provided for this, which is
matter how long you live together, you don’t you are unmarried and living together, you where difficulties may arise, and one partner
automatically gain spousal rights without understand your rights and what you’re not may find themselves at a disadvantage – so legal
marriage or formal agreements. entitled to. advice is a must if you’re in this situation.

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