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JGM, Solicitor
Category: Law
Satisfied Customers: 15748
Experience:  30 years as a practising solicitor.
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It is quite a protracted question, however i will attempt to

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Good morning, it is quite a long protracted question, however i will attempt to be brief.
JA: Where are you? It matters because laws vary by location.
Customer: Rosewell, just outside Edinburgh. My daughter is involved with the final stages of selling her mothers house, she has employed the services of a lawyer, i am not allowed to be involved legally.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: the case is in its final stages, and possibly its sour grapes on my behalf. i was divorced from her mother many years back, however she took on a new property with her then boyfriend, she put down £10,000 as a deposit, unfortunately the relationship did not last, my ex wife was an alcoholic, sadly she passed away two years ago leaving a trail of debt, we engaged with a solicitor to see if there was anything that could be salvaged from the house financially for my daughter. i traced the ex boyfriend as his name was on the mortgage for the property. at that stage he wanted nothing to do with the property and if anything was made from it that should pass on to my daughter.
JA: Have you talked to a lawyer about this yet?
Customer: yes
JA: Anything else you want the Lawyer to know before I connect you?
Customer: well the outcome is, after all the work that i have done myself on the property, and paid for the funeral of my ex-wife, there is a final sum of £29000.00 made from the sale of the flat, i am told that the ex boyfriend is entitled to half that sum, which is £14500.00, this is ring fenced as the debts were not his, and that all the outstanding debt will come from my daughters share, is this correct?

Thanks for your question. I am a solicitor in Scotland. If the house was in joint names then the boyfriend is entitled to half of the sale proceeds, yes. The debts of your ex wife are paid from her estate and anything left goes to your daughter. I hope that helps to confirm the position for you. Please leave a positive rating so that I am credited by JustAnswer for helping you today.

Customer: replied 5 months ago.
thank you, ***** ***** debts were related to the house, for example council tax, property management fees, is he not liable for these as well?

Property management fees, yes. Council tax no as he was not in occupation.

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