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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16859
Experience:  30 years as a practising solicitor.
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My ex husband and I are still legally married but live

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My ex husband and I are still legally married but live separately. We're good friends and I'm his main carer. He has a chronic illness We jointly own a flat and would like to sell it. Do we have to have a minute of agreement, even though the proceeds will go into a joint account
JA: Where are you? It matters because laws vary by location.
Customer: Scotland
JA: What steps have you taken so far?
Customer: I've spoken to a couple of real estate agents, but I've not done much more than that
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My ex husband is on disability benefits so money is currently in short supply for him

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.

As this is not a family home and the money is being paid to a joint account, there is no issue and you need not raise the fat that you are separated at all. You are simply joint owners selling a property which is not the family home. If you raise the issue some solicitors will insist on a minute of agreement however.

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.

JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 7 days ago.
Thank you. That's cleared things up.