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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7208
Experience:  28 years as a practising solicitor.
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Can you tell me "approximately" how much it costs to apply

Customer Question

Can you tell me "approximately" how much it costs to apply to the Scottish court for Divison and Sale of a jointly owned Property post divorce?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

Is the action likely to be defended or not.
Customer: replied 1 year ago.
My Husband still jointly owns the ex marital home in which his ex wife resides . The divorce states that the house is to he sold and it has now been on the market for 14 months . We have evidence that she is not co-operating with the sale and has possibly actively sabotaged potential sales .
We have offered to sign the house over to her in its entirety but she claims she is unable to afford the mortgage payments . We do not think this is the case .
So I suppose the answer is ... Yes ... She may defend it
Expert:  JGM replied 1 year ago.
Difficult to say as these cases are charged on a time spent basis. However, from what you say the application would be dealt with as part of the original divorce process rather than as as new action so that should reduce costs, as a Minute could possibly be lodged in the divorce process rather than raising a separate action for division and sale.

You could still be talking two or three thousand pounds but I suggest you speak to the solicitor who acted at the time for a more accurate estimate based on his or her hourly rate.

Happy to discuss further.
Customer: replied 1 year ago.
My husband has been divorced for more than 2 years from his ex wife . I am unclear whether this would therefore represent a new case ? Minute of Agreement states that they have agreed to see the property
Expert:  JGM replied 1 year ago.
Sorry, your earlier narrative suggested that the decree of divorce dealt with the sale of the house. If it is by way of Minute of Agreement then a separate action will be required.

Including estate agency, survey and legal fees as well as the action itself allow at least £6000. However, as the action has been occasioned by the other parties non cooperation and award of expenses should be sought against her, to be paid from her share. Also ask the court to allow accompanied viewings by the agent so as to minimise non cooperation.

Happy to discuss further.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7208
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

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