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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12076
Experience:  30 years as a practising solicitor.
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I have a financial agrreement with my ex husband and live in

Customer Question

I have a financial agrreement with my ex husband and live in the matrimonial home until sold, solely paying the mortgage myself.He has remarried and clearly what was agreed does not now suit him and is trying to force me to lower house price.
I had the option in the agreement to take over mortgage but have been unable to do this due to changes in lending criteria .
Being a repayment mortgage balance is reducing all the time I feel scared that if he can force price down to cover just the debt that all the money i have been paying on the morgage will be lost and i will have nothing to even help me put a deposit on for myself and my ten year old son .My current solicitor is dissmissive and cant give me answers .
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Is there a written Minute of Agreement?
What is the PRECISE wording as regards ***** ***** of the house?
Customer: replied 2 years ago.

i have tried to download document but it wont let me

Customer: replied 2 years ago.

sorry it is two pages dont know if any can be read

Customer: replied 2 years ago.

i have sent wrong document

Expert:  JGM replied 2 years ago.
I've looked at the pages you kindly sent. You have entered into an agreement that says that a reasonable offer is deemed to be one which repays the borrowing and some credit card accounts as I understand it. I managed to read page 3 of the Minute of Agreement but not the next page?
Is my understanding correct?
Customer: replied 2 years ago.

yes but my concern is as i solely pay mortgage myself and all debt which is coming down all the time the house is worth 200,000 say there was 100,000 left and that offer was made on the house would i have to accept that ?? cant i argue it is not a reasonable or fair offer.

Expert:  JGM replied 2 years ago.
What is a reasonable offer is defined as an offer sufficient to repay the debts narrate in the agreement so yes you could be in that position. I don't like these clauses in Minutes of Agreement and I don't think the lawyers should have drafted such a clause but it's there I'm afraid and you are bound by it.