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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11149
Experience:  30 years as a practising solicitor.
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There, My friend has recently separated from her husband

Resolved Question:

Hi There,
My friend has recently separated from her husband (4 weeks ). he has been charged with assaulting her, still to come to court in April, there are bail conditions stopping him from approaching her, or coming to the house, she received a note through her door from an estate agent saying they are coming in a few days to value the house as they have been asked by her husband to sell it, the house is in joint names, there is no mortgage payments left, 1/ does she have to allow them entry, 2/ would this not be decided by the divorce court, 3/ Is there any legal advice you can offer,
regards George, This would come under Scots Law
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
She should call them and say that there is a pending divorce, she is seeing a solicitor and they are not valuing the house therefore they should not call on her.
She has an equal right to have the house sold and this would normally be done in the context of a separation agreement which failing by order of court.
General legal advice is that spouses have a right to a half share of all property acquired during the marriage including houses, pensions, other investments, money and tangible property. She should see a solicitor with a view to starting the process of disclosure and negotiation.
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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