It is often the case that a husband and wife divorce but still end up owning a property together.
Often one party will have met and want to marry another so the pressure is on for the divorce before proper arrangements have been made or, in other cases, a separation agreement will have been made that will have set down the arrangements for the sale of the house, in due course.
Either way, the “ex” may not want to sell the house and I am often asked how this situation is dealt with.
If there is no written agreement and attempts at persuasion fail, there is a court action available called “division and sale”. This action asks the court to divide the property into 2 parts and, if this is not possible (as in most cases of normal family homes, as opposed to farms and estates, etc.) then the court will order the sale of the property.
If there is a written agreement that allows for immediate sale and the “ex” will not, then the action may well be for “specific implement” where the court is asked to enforce the agreement. At that point, pray that it has been well written!
If the “ex” will not sign the papers after a successful sale, the court Clerk will be authorised to do so.
Of course, if you are in negative equity, then that is a different story….
Bruce de Wert
Solicitor
I offer a quickie and private divorce for those with children under 16 at www.myscottishdivorce.co.uk
The writing of a blog does not imply a Solicitor/client relationship.
