If you and your spouse or partner have decided to separate, you may be faced with the difficult decision of selling your home. This can be a stressful and complicated process, and listed below are various matters to consider.

 

My ex-partner or spouse and I own our house together. Does there require to be a written agreement in place to allow the sale of the house to proceed?

In most circumstances, you will require to instruct a solicitor to prepare a formal agreement that is then registered in the Books of Council and Session. This thereafter allows the conveyancing solicitor to distribute the balance of sale proceeds in accordance with the terms of the agreement.

 

I own my property in my sole name, do I have to get my spouse’s consent to sell?

If your spouse is living in the property or has been living in the property within the last 2 years, they will have acquired occupancy rights. A sale will not proceed without the occupancy rights being renounced. This is normally completed as part of a financial settlement in a formal written minute of agreement.

 

My ex-partner and I own our property in equal shares, but I wish to make a financial claim. Can our house be sold without my agreement?

No. Many cohabiting couples are unaware that there is a possibility to make a claim when the cohabitation ends. A formal minute of agreement would deal with any potential financial claim and exclude any further claims.

 

When the house was purchased, I contributed a larger deposit. Will I have my deposit share returned to me when we sell?

No, not unless there is a minute of agreement in place or a specific standard security. This can also be dealt with in a minute of agreement before a sale is concluded. However, there is scope to make a claim in regard to special circumstances if you are married or a financial claim if you are cohabiting.

 

I am in the middle of a financial dispute with my ex-partner or spouse, but my house will sell in the next few weeks.

You can proceed with the sale of your home whilst other financial matters are being resolved, provided that there is an interim minute of agreement in place.

 

When should I seek advice?

It is best to seek professional advice as soon as possible. At Lesley Anderson Law, we offer a free initial consultation with an accredited expert in Family Law who will explain your rights and entitlements to ensure that you can make informed decisions.

 

We continue to offer a free, no obligation initial consultation. The best way to contact us is by email on enquiries@lesleyandersonlaw.co.uk.

We wish to take this opportunity to wish everyone well in these difficult times.