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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11563
Experience:  30 years as a practising solicitor.
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I have a friend who is seeking a divorce. Him and his wife

Resolved Question:

I have a friend who is seeking a divorce. Him and his wife have been separated and living apart for 8 years now. They have one son,now aged 17 years. He is at college and my friend is committed to paying the relevant child support monies for the foreseeable future. The bone of contention is the marital home which is occupied by the wife and son. My friend wants the property to be sold, and the equity to be split 50-50. The wife, however, will potentially agree to that type of financial proposal but wants to stay in the house for the next two or three years. Can she be required to sell it or will it take a court order ? Thanks
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

She cannot be required to sell without a court order unless she agrees to do so.

Your friend would have to raise proceedings for the sale of the house. The court would not order the sale until it was satisfied that all financial issues between husband and wife were resolved and that wife and son had somewhere else to go. The house is a family home and as such parties have occupancy rights as well as rights of ownership.

Happy to discuss further.

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