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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11153
Experience:  30 years as a practising solicitor.
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I am about to sign a min of agreement to sell a flat that my

Resolved Question:

I am about to sign a min of agreement to sell a flat that my ex an I jointly own.
I have asked that a £7000.00 joint overdraft that has been paying intrest for four years be paid off from the proceeds. My ex refuses to do this and we cannot agree. She left the account overdrawn in 2010 and as I personally tried to pay it off she removed funds on a few occasions ofter 2010, this led to me not paying the overdraft( I don't have to) and about £5000.00 in interest over the years (which I have paid monthly) how can I get this paid off and the account closed?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

If she doesn't agree to have the bank repaid from the proceeds of sale you can apply to the court to have the property sold under the supervision of the court and ask the court to order repayment of the joint debt.

You will need a solicitor to help you with this, the action could cost as much as the debt which is in issue and you can tell your ex that you will seek the costs of the action from her share of the sale proceeds.

I hope this helps. Please leave a positive response so that I am credited for my time.
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