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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16795
Experience:  30 years as a practising solicitor.
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I’m looking for some advice regarding my property that I own

Customer Question

I’m looking for some advice regarding my property that I own with my ex husband
JA: Where are you? It matters because laws vary by location.
Customer: im in scotland
JA: What steps have you taken so far?
Customer: So the property is bought and we have tennant in it at the moment , I am looking to move back into the house as I am currently living with my daughter but my ex husband is saying no so I would just like to know where I stand on this
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The tennant pays £650 a month and the mortgage is £320 and we split the remainder between us , if I move back in do I still have to continue to pay him this if I’m paying the mortgage
Submitted: 14 days ago.
Category: Scots Law
Expert:  Virtual-mod replied 14 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  JGM replied 14 days ago.

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.

Expert:  JGM replied 14 days ago.

If you move into the house both of you are still liable for the mortgage as far as the lender is concerned. However your husband is no longer be fitting from part of the rental income and so the just and equitable way to deal with this is for you to pay him the same as he is getting at the moment and for you to service the mortgage. You should really have a contract in writing to say what each party is to get when the house is sold too as the property will likely go up in value and the mortgage will go down. So he will benefit if at the point of sale there is an equal division. You want some kind of agreement to reflect your contributions in the interim period so that your mortgage contributions go to benefit you and the increase in value benefits both of you. A good family lawyer will have a style of formula for that and `I suggest you investigate that route with a solicitor local to you.

Expert:  JGM replied 14 days ago.

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.