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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7276
Experience:  28 years as a practising solicitor.
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I divorced last year. I agreed that our property (still in

Resolved Question:

I divorced last year. I agreed that our property (still in joint names ) would be available to my daughter to live in until July this year which has come and gone. My daughter does not intend to move out and now has her boyfriend staying with her. I have always solely paid the mortgage and continue to do so....and now I feel it is time to stop.
Now I wish to sell it or let my ex wife take it over if she wants it - or I will buy it if all else fails but all seems a stalemate and no communications - is there anything I can do ?
Regards
John
Submitted: 11 months ago.
Category: Scots Law
Expert:  JGM replied 11 months ago.
Thank you for your question.

Do you have a formal Minute of Agreement with your wife which covers the position with the house.
Customer: replied 11 months ago.

Yes in the divorce papers

Customer: replied 11 months ago.
Relist: Other.
stated 15 mins to answer in progress and on countdown..still waiting after the 15 mins... for 1 hr ?
Expert:  JGM replied 11 months ago.
Sorry, legal experts are full time practitioners and often have to be with clients or in court, hence there may be a delay in getting back to you.

If there is a formal Minute of Agreement in place saying that the house will be sold or transferred after July then that is enforceable and you can apply to the court for an order for sale or transfer as the case me be.

To advise you in further detail I would need the wording of the divorce decree and/or the Minute of Agreement signed by you and your ex wife but in general terms if one party is in breach, then the other can go to court for an order for implement of the agreement or the part that has been breached.

Happy to discuss further.
Customer: replied 11 months ago.

Thanks for welcome advice and understand your duties ...apologies for any inconvenience caused. I have attached the Minutes of agreement if you can look over them...


page8image440


..






Page - 1




page8image1856


MINUTE OF AGREEMENT between


V ALERlE SlMPSON or P A T1'IE, residing at 1 Rockfield Mews, Upper Ballinderry Road, Lisburn BT282NB


(hereinafter referred to as " Mrs Pattie") and


JOHN PATTIE, residing at care of Air Energy Vn Ltd




page8image5056


(Overseas), level




8, River View Tower, 7A Thai Van






Lung, Dist 1, HCM, Vietnam


(hereinafter referred to as " Mr P




atti e)






WHEREAS th,e parties, who were married at Buckhaven on 1ih March 1983 and separated on 26th June 2007 and WHEREAS there are no children of the marriage under the age of sixteen, and WHEREAS the Paiiies wish to regulate financial and other matters, with a view to divorce; THEREfORE the Paiiies, having taken separate legal advice, have agreed and do hereby agree as follows:-


1. The jointly owned property at 7/3 Mitchell Street, Leith, Edinburgh will be sold. The said

propeiiy will not be placed on the market for sale before 1 st June 2013, unless by agreement in writing between the parties. The propert will be marketed, sold and conveyed by Mrs Pattie's solicitors. The parties will consult with each other on all steps required to effect a sale, neither party withholding acceptance of any reasonable offer for the purchase of the said property. From the sale price there will be deducted:-


(i) The sum required to redeem the mortgage as at the date of settlement; and
(ii) all fees incurred in respect of the sale including the estate agents' fees together with all


properly incurred and vouched outlays; and


(iii) any domestic accounts such as Council tax, fuel and telephone bills, household

insurance and any other such accounts outstanding at the date of settlement.


The net free proceeds will be divided equally between the paiiies on the date of settlement of the aforementioned sale transaction.




page8image20240

page9image392


Page - 2




page9image1536

Pending sale of the property, Mr Pattie will make the mortgage repayments, including

interest payments.


2. The sums held on deposit for the parties, by Connell and Connell WS shall be uplifted as soon as reasonably practicable and distributed as follows:-


(i) One half shall be paid to Messrs Allan McDougall, solicitors on behalf of Mrs Pattie.


(ii) From the balance the sum of £35,400 shall be paid to Allan Mc Dougall, solicitors on behalf of Mrs Pattie.


(iii) The remaining balance shall be paid to Thorntons, solicitors on behalf of Mr Pattie.


3. The contents of the property at Flat 3,XXXXX Edinburgh, which are presently in

storage, shall be distributed as follows:-


(i) Each party shall receive his or her personal belongings.
(ii) The remaining contents will be distributed between the parties by mutual agreement or


will be sold. The proceeds of sale shall be divided equally between the parties.


4. At the time of sale of the property at 7/3 Mitchell Street, Leith, Edinburgh, the contents of that

property shall be distributed between the parties by mutual agreement or sold and the proceeds of sale divided equally.


5. The accounts in the parties' joint names with Royal Bank of Scotland and Royal Bank of Scotland International shall be closed and the credit balances divided equally between the parties.


6. The Parties are agreed that the terms of this Agreement represent a full and final settlement of all financial claims arising from the breakdown of their marriage and both Parties hereby renounce and discharge for all time coming all and any rights they have or may have against the other or against the executors or assignees of the other, whether on divorce or otherwise, to any other capital sum, property transfer order or aliment for himself or herself or periodical allowance of whatsoever nature, whether under common law or statute, either on divorce, death or bankptcy and without prejudice to the foregoing generality any claim in terms of the





page10image456
Expert:  JGM replied 11 months ago.
Thank you for letting me see that.

You should contact Thorntons. They will have to go to the court for an order for implementation of the agreement and for a court order authorising the sale. However, they may want to speak to Allan McDougall in the first instance to see if they can talk to your ex wife. The reason is that if this goes legal again a substantial amount of the house value will be swallowed up in fees and costs which, where you can't really lose the action, would in all probability fall on your ex wife.

So her lawyer may be able to persuade her to cooperate in the sale which would be for her partial benefit in any event and so as to avoid substantial court costs.

I hope this helps.
Customer: replied 11 months ago.

Thank you very much for your response. I have just had a big weight lifted from my shoulders....Good learned advice and will proceed accordingly. Thanks again.


 


John


 

Expert:  JGM replied 11 months ago.
You're welcome. Don't forget to rate my answer on the system so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7276
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

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