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My co-owner of a property in Scotland has never in 12 years…

my co-owner of a property...
my co-owner of a property in Scotland has never in 12 years paid anything towards the house be it mortgage, council tax, factor fees, indeed she emigrated immediately after securing this £200,000 loan from the bank.
i am wanting to sell the property and i believe she will refuse to sell it unless its within her terms.
can she simply refuse to sell it ad infinitum if she so desires ? or is there a legal course of action i can take to enable myself to sell it without her signature ?
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Answered in 4 hours by:
1/17/2018
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12,545
Experience: 30 years as a practising solicitor.
Verified

You can raise an action of division and sale of the property and the court would have to grant the application and the court would also divide the proceeds of sale between you. You can ask for an uneven division to reflect the contribution you have made.

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Customer reply replied 7 months ago
if i was willing to accept for example £200, 000 to clear the mortgage would the co owner be obliged to accept that offer after the action of devision and sale has been raised

The court would supervise the marketing and sale of the property and a surveyor would be appointed to recommend to the court what offer to accept.

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Customer reply replied 7 months ago
that sounds very costly who would be liable for the fees ?

It would be sought from the other party’s share.

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12,545
Experience: 30 years as a practising solicitor.
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Customer reply replied 7 months ago
thank you JGM
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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