Scottish and English debt laws are different, so if you are a Scottish resident and have questions on debt, then this is the place to post.

Moderators: TalbotWoods, JaneClack

By loggan
#28262 hello, have been with my partner ( unmarried) for many years,the house, mortgage, utilities etc have always been in my name paid by me, I have a good credit rating, up until a year ago she worked and paid her cards and loan, but with job loss has not paid since, spoke to cabot, lloyds,a few letters back and forward , nothing now for months, now have just moved into a new house i built, still have a mortgage all as above, after reading the expert reply on the other forum it appears creditors can claim on the beneficial interest??. I at the time this problem occured took legal advice and was advised that was not the case in scotland, was handed a leaflet that prety much said this, but i know have doubts, so far nothing at this house is in her name and she is not on the elect. reg, any experts / advice . thankyou, ps prob talking 20k after all the int. and chgs.
By JLP
#28414 Sorry a bit confused by your post. Maybe Im tired.......lol Can you clarify

1. The house is in your name-yes?

2.Debts in partners name-she isnt paying?

3 Debts in your name-are you paying them?

Can answer better if you can confirm above,thanks......... :D
By loggan
#28550 hi jlp, sorry for any confusion, 1; yes house and mortgage in my name only, 2; debt in partners name only, not being paying due to unemployment, 3; I have no debts other than mortgage, real ? is do partners creditors have any claim on equity, further to my previous post the legal advice I got was she would have no claim under scots law if we were to seperate, so I can t understand how a creditor could?. thanks
By JLP
#28607 If house and title deeds are in your name only-her creditors would not have a claim on your house.She has no assets.The only problem would be if she had transferred her share of the house to you in the last 5 years, but as this hasn't happened I dont see any problem.

A quick call to Solicitor will clarify the matter.