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Question regarding joint Mortgage/ownership years after separation - Scotland
Comments
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As Herzlos posted above, things were "over" 10 years ago.However this is Scotland, things are bit different from elsewhere.The couple would indeed be deemed to have separated (financially) 10 years ago.A divorce is not necessary, a legally binding Minute of Agreement can be used to achieve financial separation, but at this stage it may make no difference.Some online research and legal advice is needed.1
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Askingadvice said: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
You should get divorced and as part of the process there will be a financial split of assets, including the house.
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as above, sort out legal financial separation before selling, not after. Does not mean you have to delay sale, but you want that property included in the list of assets owned by the couple as part of the separation. That way its history of unequal payments will be taken into account. can be
as things stand at the moment you cannot force anything other than a share of respective shares owned, which appears to be 50/501
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