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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12072
Experience:  30 years as a practising solicitor.
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Hi! My sister lives in Scotland, she has been seperated now

Customer Question

My sister lives in Scotland, she has been seperated now for 7 years. Her husband lives in Oman and has a very nice lifestyle. They still own the family home jointly, but my sister pays for everything. Her daughter lives at home with her boyfriend, and 1 year ago my dad died and my mum moved in too, after spending 60 thousand pounds on a granny flat. My brother in law has always promised to sign the house over to my sister, but so far is unwilling to do that! My sister is really struggling to pay the mortgage and has a huge overdraft. My mum is willing to pay off the 50 thousand pound remaining on the mortgage, but we are obviously very concerned with that arrangement, in case my brother in law decides to push to sell the house. My mum is 80 and is obviously very worried about her future!
I would appreciate any advice in this matter!
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Your mother should only contribute this money in one of two circumstances:

1. Your sister's husband carries through his promise and signs the house over to your sister, or,

2. Your sister and her husband grant a security over the house in favour of your mother for the £50000 (and, I would suggest the £60000 she has ready spent) so that if there is an argument in the future about the house, your mother's money is safeguarded.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 4 years ago.
Hello again!
Actually my sister has been seperated for 11 years!
Is there anyway my sister can force her husbands hand for a divorce, and a settlement without him being present! He refuses to answer any letters or emails and it is difficult to pin him down as he lives so far away? My mum can afford to pay the mortgage off, but if he forces them to sell the house they can't afford to move or pay him off., as the house is worth about 400 thousand pounds. Do you think if it went to court they would be forced out of their home or to sell the house, which he has had no interest in for 11 years?
Expert:  JGM replied 4 years ago.
She can raise a divorce action and ask the court to transfer the house into her sole name. There are specific procedures for serving papers on a party who lives abroad which her solicitor will be able to follow.

If he doesn't defend the action then the order will be granted in absence. If he does defend the action then the court will have to decide whether the order sought would result in a fair sharing of the matrimonial property having regard to what each had by way of assets, including pensions as at the date of separation.

Happy to discuss further.
Expert:  JGM replied 4 years ago.
Can I help you further with this?