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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12081
Experience:  30 years as a practising solicitor.
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I need legal representation. I co-own a property in Edinburgh

Customer Question

I need legal representation. I co-own a property in Edinburgh with my now ex-wife. We are both keen to sell the property so that we no longer have joint ownership. However, we have negative equity in the property and actually lose money from its sale. I would rather hold on until market conditions are better. She wants to sell, or buy me out. Does she have any legal recourse to force a sale? There have never been any mortgage payment defaults and we have both paid equally.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
Your wife is entitled, as you are, to insist on a sale of the property. If you don't agree with that then you should ask her to buy you out or you could buy her out. As a matter of law, you can't insist on the flat being kept indefinitely. She could ask the court for an order to sell.
I hope this helps. Please leave a positive response so that I am credited for my time.