PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Question regarding joint Mortgage/ownership years after separation - Scotland

2»

Comments

  • alligin
    alligin Posts: 12 Forumite
    Fourth Anniversary 10 Posts
    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. 
  • Albermarle
    Albermarle Posts: 28,347 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    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
    Despite the clarification by the previous poster about the Scottish way of doing things, in essence you are doing it back to front.
    You should get divorced and as part of the process there will be a financial split of assets, including the house.

  • Bookworm225
    Bookworm225 Posts: 393 Forumite
    100 Posts Name Dropper
    edited 29 May at 9:44AM
    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 50/50
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.5K Banking & Borrowing
  • 253.3K Reduce Debt & Boost Income
  • 453.9K Spending & Discounts
  • 244.5K Work, Benefits & Business
  • 599.8K Mortgages, Homes & Bills
  • 177.2K Life & Family
  • 258.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.