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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12300
Experience:  30 years as a practising solicitor.
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My wife and I intend to Separate/Divorce. We own and occupy

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My wife and I intend to Separate/Divorce. We own and occupy a large house, which is clear of mortgage, which I paid. We are both retired. My wife intends to seek sheltered accommodation from the local authority, who she worked for for many years as a Sheltered Housing Warden. In the meantime, she will remain in the family home until there is a sheltered housevacancy. I will put the house up for sale after she moves out, and split the money from the sale. I believe there will be great difficulty selling the house, because it is in an area where there are many properties for sale which have been on the market for years in some cases. I cannot leave the house unoccupied indefinitely, so I will continue to live here until it is sold. Can the time we live in the house together while she waits for vacant accommodation count towards the separation period or do we have to start that from when we actually part?

Thank you for your question.

You can still be separated but live under the one roof so this time will count as part of the separation period.

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