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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12064
Experience:  30 years as a practising solicitor.
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My daughter and her ex partner jointly own a house. They split

Customer Question

My daughter and her ex partner jointly own a house. They split up 18 months ago but continue to each pay half the mortgage. As far as everyone is concerned (apart from her ex) the house is way over-priced and has attracted next to no interest. My daughter wants to reduce the price to a more realistic one, but he refuses to budge. It is impossible for my daughter to let a Court decide as she couldn't possibly pay for that. Is there a way to solve this problem without incurring a large sum of money which my daughter does not have?
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

The usual way of resolving a dispute like this is to raise an action in the court for an order for sale. The costs would normally be paid from the sale proceeds but your daughter would have to underwrite the action in the first instance.

The only other option is to give the ex partner notice that she will no longer be in a position to pay half of the mortgage and he will either have to pay it all pending a sale or risk repossession and a bad credit rating. This is her only option if she can't fund a court action. From a tactical point of view and also a practical one this is her only realistic option I'm afraid.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.