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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11143
Experience:  30 years as a practising solicitor.
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My partner has a house in Scotland he is divorced the house

Resolved Question:

My partner has a house in Scotland he is divorced the house is on the market the divorce court order says the house is to be sold . My partner lives 600 miles away and has repeatedly asked for the estate agent to do the viewings she refuses. We have video evidence from a private investigator who posed as a buyer that the property is being negatively marketed one thing bring repeatedly mentioning that the property flooded 5 years ago amongst other things. The ex wife is now threatening to go the police it is his property he simply wants the estate agent to do the viewings. my partner wants his name off the mortgage and his share of the proceeds £60 k to move on the ex will get 250k. Where does he go fro here he still pays half the mortgage at £200 a month and the ex has her partner and hid daughter living there as well.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
He can make application to the court to have the estate agent do the viewings. He should see his solicitor and instruct the solicitor to write in the first instance to the ex wife. If she continues to refuse a court order will be necessary.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Hi you did not say if she can do anything about if what my partner has done is illegal she is threatening the police and its his property to ?

Customer: replied 2 years ago.

She is threatening him with the police because of the private investigator can she do anything its his property to ?

Customer: replied 2 years ago.

Does he have to continue to pay the mortgage as she is cohabiting in his property ?

Customer: replied 2 years ago.

Hi I haven't heard back from you ??

Customer: replied 2 years ago.
Thanks for that but what concerns me is that the ex has threatened police action for secretly videoing the viewing of the house. Have I committed an offence.
Expert:  JGM replied 2 years ago.
He does have to keep paying the mortgage. If he doesn't he will be in default with the mortgage company.
He has done nothing wrong on instructing a private investigator. No crime has been committed and her threats of the police are spurious.
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