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JGM
JGM, Solicitor
Category: Family Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor. Partner in own firm.
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This question really covers both Scottish and property law. Am

Resolved Question:

This question really covers both Scottish and property law.
Am I allowed to sell my house if my ex partners name is ***** ***** title deeds, along with my name, or do I need her permission?
The house is in both names, and she is currently living there. We were never married and I have paid the mortgage without any assistance from her. We have been separated for exactly 3 years, and I have not resided in the property since the separation.
You advice would be gratefully received.
Submitted: 3 years ago.
Category: Family Law
Expert:  JGM replied 3 years ago.
Thank you for your question. Legally the house is owned jointly.
Because of this, you either need her agreement to a joint sale or, if she doesn't agree, you can ask the court to grant an order for sale under the supervision of the court. Or you could suggest that she buys you out if she is able to.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Thanks for the response.

So the fact that I have paid the mortgage, and the mortgage is solely in my name, it won't make any difference?

I would assume that if I stop paying the mortgage, that wouldn't make a difference and only give me bad credit history.

I have not lived there since we separated. I can legally enter and reside in the property, but I know if I tried she would cause a scene and claim it's a domestic incident.

Sounds like I don't really have any options, as she is highly unlikely to either move out or agree to sell.

Expert:  JGM replied 3 years ago.
As part of any court action you can also ask the court to divide the proceeds of sale of e property on a manner which reflects the fact that you have been paying the mortgage for that period and indeed any other expenses that you should be refunded. It would be unfair in the circumstances that there should be an equal division. This may also take into account who paid what at the time of purchase.
This would be under a principal of law called unjust enrichment and would have to be raised within five years of your separation.
Customer: replied 3 years ago.

Yes, but that would be on the basis that I could get her to agree to sell, which I know I can't. I was rather hoping there was a legal route I could go down and force her to sell.

Expert:  JGM replied 3 years ago.
Your only legal route to force her to sell is to raise a court action for the house to be sold and as part of that action ask the court to divide the proceeds of sale in whatever way is fair having regard to your respective contributions.
Because she is on the title, a sale requires her agreement and not paying the lender is not an option for the reason you mention yourself.
Customer: replied 3 years ago.

Well I suppose on the plus side it means she cannot sell without my permission or agreement either.

If I start the court action, what are the time scales involved and what circumstances would they take into consideration?

Expert:  JGM replied 3 years ago.
Typically six months to a year. The court will take into account your respective contributions to the property and what is a fair division of the sale proceeds.
JGM and other Family Law Specialists are ready to help you