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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11545
Experience:  30 years as a practising solicitor.
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My wife divorced me five years ago. She has suffered mental

Customer Question

My wife divorced me five years ago. She has suffered mental health problems due to a drug used to control narcolepsy for the last ten years. The divorce agreement said that the house was to be sold for a reasonable offer with the proceeds to be split between the two of us. She moved out five years ago and lives in a flat nearby and receives disability due to her condition. The house got almost no offers and the price is set at the lowest price possible. I just received an offer which is quite a good offer up ten thousand more than the list price. This my ex-wife refused and according to her brother who was trying to persuade her that this was a good offer the first in three years. I was quite willing to accept it, but she flatly refused it and it appears that she wouldn't even accept any offer as she is paranoid that I am trying to do her out of her half of the money. What recourse do I have to force her to accept a reasonable offer. I am a pensioner with dwindling resources, not healthy enough to do repairs myself and not financially able to pay someone to do them. The house will gradually go down hill. I only want a little place and peace. I live in Scotland.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

If she is mentally unstable then her children could apply to the court for a guardianship order and could ask for specific powers to have the house sold.

If the guardianship route is not possible then you would have to go to the court for an order to sell the house under the supervision of the court. The action is called an action of division and sale whereby the house is sold and the proceeds divided in accordance with the court order.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

Could you tell me how long it would take to complete an act of division and sale and what would be the approximate costs involved?

Expert:  JGM replied 3 years ago.
Such action would take around six months and would typically cost £5000-£10000.