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Jointly owned property access

  • Gall1980
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2 months 2 weeks ago #512625 by Gall1980
Jointly owned property access was created by Gall1980
I am looking for advice and guidance on costs for a jointly owned property I have with an ex boyfriend (never married, no kids)

I jointly own a flat in Scotland tenants in common I think. I haven’t lived in the property for 5 years and live in England now with my new husband. My ex has always refused to sell the property and since the relationship was abusive I just left things be in the hope eventually he’d sell. He advised me a few months back that the property is sitting empty (mortgage fully up to date) and I asked to sell. My requests for access to the property have been repeatedly ignored along with my request to sell.

I’ve since found out that the property is potentially being illegally rented out, and he is not a registered landlord. I want to gain access to the property and have it valued in the hope we can sell and move on. My ex has also requested a 3 month mortgage break as his he is currently ‘fuloughed’ he said, again I don’t believe this to be true.

I need to find out what my rights are and the potential costs of a solicitor.

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  • hadenoughnow
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2 months 1 week ago #512657 by hadenoughnow
Replied by hadenoughnow on topic Jointly owned property access

A lot depends on the agreement you had when you bought the property and whether there was a Deed of Trust drawn up that set out shares and what was to happen if one wanted to sell.

If you have a clear cut agreement, you need that to be enforced.

You really do need to consult a solicitor who is well versed in property law as it applies in Scotland. It is my assumption that there may be local differences as there are with divorce law.


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