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  • FIRST POST
    • fbrander
    • By fbrander 7th Mar 18, 2:02 PM
    • 65Posts
    • 23Thanks
    fbrander
    Scottish Divorce Online
    • #1
    • 7th Mar 18, 2:02 PM
    Scottish Divorce Online 7th Mar 18 at 2:02 PM
    Husband and I are separating after 26 years. Our children are grown up and we have no mortgage. All we want to do is remove his name from the title deeds in exchange for me giving up any claim on his pension. We are on good terms and are both agreed this is fair.
    The solicitors that hold our deeds are rumbling on about legal separation. We are worried that costs may spiral. No solicitor seems willing or able to give us an idea of cost.
    Is it possible to do it ourselves. We found the above website which offers the service for 200.
    Thoughts?
Page 1
    • unholyangel
    • By unholyangel 8th Mar 18, 3:03 AM
    • 12,439 Posts
    • 9,743 Thanks
    unholyangel
    • #2
    • 8th Mar 18, 3:03 AM
    • #2
    • 8th Mar 18, 3:03 AM
    Did they say legal separation? Or separation agreement?
    Money doesn't solve poverty.....it creates it.
    • Rubik
    • By Rubik 9th Mar 18, 3:04 PM
    • 78 Posts
    • 184 Thanks
    Rubik
    • #3
    • 9th Mar 18, 3:04 PM
    • #3
    • 9th Mar 18, 3:04 PM
    The service you have found is most likely for the divorce only, and wont deal with the financial side of things. Before you can begin divorce proceedings in Scotland, you must first have agreed upon the finances and them set out in a legally binding separation agreement (sometimes called a minute of agreement). If there are no assets, then an affidavit stating there are no assets or financial matters outstanding submitted with the divorce application should be enough.

    As you are in agreement, it shouldn't cost you to have the separation agreement drawn up. Once that's done and registered with the Book of COuncils (and therefore legally binding), you can then initiate the divorce itself, and as your children are all over the age of 16, you can use the Simplified Procedure (after a minimum separation period of 12 months) - this is straightforward and there's no reason why you shouldn't be able to complete those forms yourself.
    • fbrander
    • By fbrander 9th Mar 18, 3:55 PM
    • 65 Posts
    • 23 Thanks
    fbrander
    • #4
    • 9th Mar 18, 3:55 PM
    • #4
    • 9th Mar 18, 3:55 PM
    Thanks. Its for a separation agreement. Can a separation agreement deal with removing husbands name from title deeds?
    • Rubik
    • By Rubik 9th Mar 18, 4:19 PM
    • 78 Posts
    • 184 Thanks
    Rubik
    • #5
    • 9th Mar 18, 4:19 PM
    • #5
    • 9th Mar 18, 4:19 PM
    IT can state that the house is to be signed over to you etc, but it won't deal with the actual process of removing your husband's name from the deeds - the solicitor drawing it up will be able to recommend someone, either from within their own practice, or a local one.
    • unholyangel
    • By unholyangel 9th Mar 18, 4:40 PM
    • 12,439 Posts
    • 9,743 Thanks
    unholyangel
    • #6
    • 9th Mar 18, 4:40 PM
    • #6
    • 9th Mar 18, 4:40 PM
    Thanks. Its for a separation agreement. Can a separation agreement deal with removing husbands name from title deeds?
    Originally posted by fbrander
    A separation agreement can cover anything really, it can be very detailed and will require full financial disclosure from both parties. The alternative would be to have the court divide the assets & debts. He could agree to give up any claim to equity in exchange for your mum not claiming from his pension for example.

    If you're looking to keep legal costs down, your parents could agree most things between them, get a solicitor to draft it and then both parties get their own advice before signing it. It will help protect them both and ensure they're going in with their eyes open.
    Money doesn't solve poverty.....it creates it.
    • Rubik
    • By Rubik 9th Mar 18, 5:01 PM
    • 78 Posts
    • 184 Thanks
    Rubik
    • #7
    • 9th Mar 18, 5:01 PM
    • #7
    • 9th Mar 18, 5:01 PM
    A separation agreement can cover anything really, it can be very detailed and will require full financial disclosure from both parties. The alternative would be to have the court divide the assets & debts. He could agree to give up any claim to equity in exchange for your mum not claiming from his pension for example.

    If you're looking to keep legal costs down, your parents could agree most things between them, get a solicitor to draft it and then both parties get their own advice before signing it. It will help protect them both and ensure they're going in with their eyes open.
    Originally posted by unholyangel
    It is the OP and her husband who are separating/divorcing, not her parents.

    In Scotland, very few divorcing couples end up in court regarding the finances, off the top of my head, it's around 3%.
    • unholyangel
    • By unholyangel 9th Mar 18, 5:58 PM
    • 12,439 Posts
    • 9,743 Thanks
    unholyangel
    • #8
    • 9th Mar 18, 5:58 PM
    • #8
    • 9th Mar 18, 5:58 PM
    It is the OP and her husband who are separating/divorcing, not her parents.

    In Scotland, very few divorcing couples end up in court regarding the finances, off the top of my head, it's around 3%.
    Originally posted by Rubik
    Whoops, had been reading too many similar situations and didn't reread the OP before posting. They all start to blend into one after a while. Thanks for bringing it to my attention.
    Money doesn't solve poverty.....it creates it.
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