Help Needed - Scottish Law

[karenmac60]

Hi. My partner split with his ex 10 months ago and left her in their jointly owned home (in Scotland). She was going to buy him out of his share. She put things off for months despite him asking repeatedly what was happening. She also borrowed his keys in August and refused to return them so he has had no access to the property or its contents since then. She has now offered 5k as a settlement for the house and its contents despite the fact that it has been valued at 115k with an outstanding mortgage of 57k. My partner has no access to financial documents/ mortgage agreements/ bank statements etc in order to dispute various claims of payments she has made in order to reduce the sum offered. He can't really afford a lawyer since he left with nothing and has had to start from scratch. Can anyone even give any advice as to where he stands? Can he force her to produce documentation or give him access to the house for instance? Any help would be much appreciated.
Thanks
Karen

[maggiebee]

Under Scots Law, in the event of a separation/divorce, the family home and contents should be split 50/50. Perhaps his first step should be to approach the mortgage company to explain the situation and get their take on it. It's a pity he can't afford legal advice, but perhaps the CAB could help initially. I was in a similar situation and had to buy my husband out - value of house/contents less any outstanding mortgage/debts split 50/50.

[karenmac60]

Thanks Maggie. That's what he expected the offer to be, but she has basically added up every penny she claims to have spent on the house and deducted it. No mention of what he has spent or the value of contents. He's going to see a lawyer this week but he has no evidence to refute anything she says and doesn't want this to be a long drawn out affair or they could both end up with nothing.

[boxtops]

My understanding is that the figure shouldn't be what she (or he) has spent on the house, but the current market value of the house. When my ex and I split many years back (and we were married in Scotland), we had the house valued and that was the 50% figure used in our settlement.

If his name is still on the deeds as co-owner, then he has right of access, IMO. He needs a lawyer- some will give advice for an hour without charging, I believe.

[Canary42]

He should report the "theft" of his keys to the police IMO (although it was a bit silly to lend them in the first place).

[tonywiltshire]

Scottish law is not the same as English (Welsh) law and cohabitation is not the same as marriage; your partner should seek legal advice as a priority. Your partner may also be interested in Gow v Grant 2012 and the Family law (Scotland) Act 2006.

[jennyjoan]

have you changed partners recently?