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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11425
Experience:  30 years as a practising solicitor.
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My partner has decided to go her own way and although not married

Resolved Question:

My partner has decided to go her own way and although not married own the house 50/50. Being unable to buy her out and not wanting to sell was advised ,sell ammicablly or divison and sale order and pay the court costs.I wanted the property on as offers over which has been the usual way of selling in scotland,but was told that you cant do this because of the homebuyers survey.he subsequently marketed it as a fixed price way below the true value and sold the houseto the first viewer on the first day for full asking price.This ha just served to reinforce my belief that it was way to cheap by approx 25k.Is there anything I can do? The missives are not yet concluded. Rob
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
A property can be marketed at a fixed price or offers over. However, either way both owners have to agree to sell the house at a particular price. Your partner can't conclude missives without your say so. If you can't agree with each other the court can entertain a division and sale action. That does NOT mean that the court will make you accept the price she has been offered. On the contrary the court would need to see evidence that the house had been properly marketed for a reasonable time and a price achieved that reflected the true value.
If the court sees that the property was marketed below its potential then th court would have the power to make her pay the court costs although typically the costs are taken from the proceeds of sale.
I hope this helps. Please leave a positive response so that I am credited for my time.
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