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Separation Agreements - Not Married

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  • Separation Agreements - Not Married

    My partner and I have separated (we live in Scotland so subject to Scottish law) and we are selling the house we jointly own. We have accepted an offer but the sale is still a few weeks or months away as the buyers have property of their own to sell. Despite my reservations, my ex decided to sign a lease on a flat well before the house sale has been completed. She agreed to continue to pay her half of the mortgage and her half of the Council Tax (not in writing, unfortunately) as she knew I could not afford to pay the full amount on my own. Today, on her moving day, she has said she will NOT pay her half of the Council Tax and that she never said she would. A lie but one I obviously cannot prove. She has also become very irate at me for having the audacity to bring up this prior agreement and state my worry that I cannot afford to live in the house on my own if she is not contributing. We didn't fall out or anything else to cause this, she just sprung it on me today and then became defensive.

    So my question is this; is she (as I suspect) no longer liable to pay Council Tax now that she's moved out? What if I moved out into a leased flat? Who would be liable then? It seems unfair that the first person to move out gets to walk away from the responsibility of Council Tax, leaving the other person to pay it in full until the house is sold.

    Secondly, she has been selling stuff from the house that we both chipped in to pay for but not giving me any of the money. She is threatening to do more of this, leaving me with little or no furniture. To be honest I realise that's not a legal argument worth starting so I'm happy to let that go just to see her leave. However, I wonder where I stand with changing the locks on the house as I do not want her accessing the house while I'm out and potentially taking things that do not belong to her. Where do I stand if I change the locks on what is now MY home (as she has left) despite the fact she is still paying half of the mortgage?

    I am happy to let her have access to the house but only while I am there, so she would have to contact me for access rather than just show up whenever she felt like it.

    Sorry, I realise this is a little convoluted! Any advice would be greatly appreciated.
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  • #2
    This is something you really need to sort out between yourselves perhaps with the help of a marriage councillor or some other intermediary.

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    • #3
      This is an area of law where the law does differ in Scotland. Sorry.

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