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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12192
Experience:  30 years as a practising solicitor.
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In relation to the previous question - can I simy ask my

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In relation to the previous question - can I simy ask my ex's partner to leave? Or does it need a court action.
You can ask him to leave. He has no lease and no occupancy rights. However you can't physically throw him out. You would need a court order to do that.
Customer: replied 2 years ago.
Thank you, ***** ***** currently a divorce action with a writ and defences showing the sale of the house agreed. The case was sisted until the house was sold. Is this sufficient to push it through or does it require a hearing?
If your wife is reneging on the agreement then an application should be made to recall the sist and amend the divorce action to include an application for the sale of the house. The fact that an agreement appears from the written pleadings in the case is helpful to that, but it does need a crave for sale to be before the court.
Customer: replied 2 years ago.
I believe my writ was amended to reflect my wife's crave for sale showing my agreement to the sale. She seems to have completely reneged on it - my main concern focuses around the confusion to the children staying there after I have spent two months settling them in a new home
If the crave was at her instance then she can decide whether to insist on it or not. You will have to put in a similar crave of your own asking for a sale. That has to be done by way of a Minut of Amendment. So you will need. Et your solicitor to prepare a motion to recall the sist, to allow the Minute of Amendment to be received, allow her to answer it if appropriate and to fix a hearing on the amendment and any answers.
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