How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10662
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

This is regarding the property in Scotland. I am aware there

Resolved Question:

This is regarding the property in Scotland. I am aware there are differences in laws between England and Scotland.
Following my recent separation with my ex-partner and she has moved out of the house. We have a joint mortgage on the property.
We have spoke and agreed on most of the thing on finances. We agreed to "Buy her out" however I would be paying her by monthly (i.e. I do not have fund to give the money to her without getting another loan) I am trying to avoid borrowing more to save costs.
She is refusing this and wants the lump sum instead. Do I have the right to pay her monthly?
I am aware that things can take a long time to be sorted and we are both jointly liability for the mortgage.
We both agreed to pay 50% share of the mortgage payment until end of September thats when the "2 year fixed rate ends" to avoid early redemption charge.
Any advise would be appreciated. Thanks
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
You don't have a right to pay her monthly in the same way that she can't demand to be paid out in a a lump sum.
You can reach agreement on either or a combination of both but if you can't reach an agreement then the only alternative is for the property to be sold, again by agreement, or under the supervision of the court. The court has no power to insist that one buys the other out.
So in summary, you either reach an agreement or the house would have to be sold.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Thank you for clarifying this.

If she insist on taking to court, would it takes months or years before the case is heard?

Am I correct that the court has no power to decide how much the property would be sold. Is it possible to take years for this to be sorted out if we don't have mutual agreements?

Expert:  JGM replied 2 years ago.
An action for division and sale would take about 6 to 8 months in the sheriff court.
The court would supervise the sale including appointing the surveyor, estate agent and solicitor and would also approve the purchase price on the recommendation of the agent.
The costs of these professional would be deducted from the sale proceeds and the parties would be given no opportunity to negotiate fees. Typically, therefore a sale under the supervision of the court would cost twice that of a sale by agreement.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10662
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
  • http://ww2.justanswer.com/uploads/NU/nursescare4u/2013-3-31_03429_JApic.64x64.jpg findinganswers's Avatar

    findinganswers

    Internet Researcher

    Satisfied Customers:

    22
    Internet Researcher, Nurse for over 17 years, and can find answers for you!
  • http://ww2.justanswer.com/uploads/PR/ProMBA/2012-6-7_154051_beach.64x64.jpg ProMBA's Avatar

    ProMBA

    Internet Researcher

    Satisfied Customers:

    3
    I'm an owner of three businesses, with both undergraduate and graduate business degrees from top tier universities.