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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11557
Experience:  30 years as a practising solicitor.
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I own a house with my ex, which he now lives in, we split up

Customer Question

I own a house with my ex, which he now lives in, we split up 5 years ago, and my name is ***** ***** mortgage and title deeds although I pay nothing towards it. What would I be entitled to and how do I go about it?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
You would be entitled to a half share of the net free proceeds less half of the costs incurred since the separation which your ex has incurred on your behalf although you could argue an offset on the basis that he has had the benefit of the use of the property for that period. That would be a matter of negotiation. There is no specific rule on this and each case is looked at on a case by case basis.
You can either ask your ex to buy you out for an agreed figure. If he doesn't want, won't or can't, your remedy is to go to the sheriff court and ask for an order for the sale of the house, repayment of the mortgage and sale costs and for the balance to be divided in an equitable manner.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.
Thanks for the information, my ex has agreed to sort it out and is going to go to his solicitor. Do I need to appoint a solicitor, or can I do it myself?
Expert:  JGM replied 3 years ago.
You will need to appoint a solicitor to reflect in writing whatever agreement you have reached but one solicitor can deal with the conveyancing of the property.