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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16373
Experience:  30 years as a practising solicitor.
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I'm going through a term relationship breakup with a partner

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Hi there. I'm going through a long term relationship breakup with a partner who has been living in France for over 2 years now. He wants off mortgage as he's about to charged tax by the French government for owning a property in Scotland. I have recently been made redundant from my 9 year career and I am not in a position to take on the mortgage by myself nor do I have the £7000 he needs to pay the tax. He's making my life an absolute misery, texting me 24 hours a day with ridiculous, every changing demands. If I don't respond to his messages at 2,3,4am his demands get worse. One minute he's happy to sell and agrees his share should be 40% then the next he's not, and wants 50%. The latest text received from him at 4am this morning said he was now looking to buy me out. He's playing games here and I don't know what to do or how to stop it. I'm running out money and really need the Property to be put on the market. I haven't slept for weeks, I can barely eat and the anxiety is unbearable. I have an appointment with a solicitor this coming Tuesday to talk about a separation agreement but with the demands changing every 5 minutes im at a loss as to what to do. He hasn't contributed anything towards the Property in 2 years. He expects me to be at his beg and call 24/7 and the more he drinks at night the more malicious he becomes.I hope this makes sense, I have tried to condense it down a bit for you.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No, this has only happened in the past 10 days
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I don't, im in Scotland
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer. I am sorry to hear about your situation. It’s not easy dealing with this kind of thing and you have my sympathy. I will do everything I can to help.

Doing firstly with the harassment, because he is in France there are very limited remedies open to you because the Scottish court will not really be of any help to you. You should get your solicitor to issue a letter to him, however, stating that you will take all steps that you can to stop the harassment and you could, of course, block him from calling you. More important is the house and you have to decide whether or not you are prepared to sell the house. That may be the only thing that you can do here. Because you are not married you would each be entitled to take away from the house what you put into it and if he has not contributed to the mortgage for the last period then you would get credit for having to make up his share.If he refuses to reach a sensible resolution then it is open to you to ask the court to have the property is sold and the proceeds divided in a manner which the court considers to be fair.

I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.

Customer: replied 19 days ago.
Hi, I'd like thank you for your response. I am happy to sell the Property, infact I've been in the process of doing so for 2 weeks. The ex however is dragging his heals in sending over his proof of IDENTITY and address to the estate agent. With every delay or demand he makes my situation gets worse.I feel im fighting a losing battle here. He's been calling me non stop today and don't want to answer until I have had some legal advice, which is not easy to get in the current climate without having to wait weeks for an appointment. I will be moving out of this property by December 1st, I absolutely cannot live here anymore. I do have an appointment with a solicitor next Tuesday to talk about a separation agreement, but how can I have this written up if his demands are forever changing. I'm happy to split the proceeds of the house 50 50 but he'd rather just make my life a living hell

Tell him that you’re fed up with his behaviour and that if he persists you’ll block him, he can deal with your solicitor and you will go to the court to have the house sold and seek the whole costs of this from him. You have to start fighting fire with fire here I think.

JGM and other Scots Law Specialists are ready to help you
Customer: replied 19 days ago.
I will do, many thanks. I appreciate your help!Best regards
Duncan.

You’re welcome. I hope this helped you today. Please do let me know if I can clarify anything, I am always happy to help. You are always welcome to ask a follow up question.