ex not co-operating re house sale (scotland)

There is nothing in the agreement other than us both agreeing the house should be sold.

The latest installment ins that someone, unbelieveably, has met the full asking price. Problem is she is now demanding over 50% of the equity. She has been living in the house, and for 10 months of this time she denied she was but council records now prove she was. So for this period I was paying half the mortgage and half the utilities for the house. Since I discovered she is in the house I have stopped paying anythning - last payment was July. Is he right that she is due over 50% as surely I can't be expected to pay half for this house and yet maintain my own residence? All I want is half.

Anyone with any thoughts or advice?

Alan

Have you a Separation Agreement? If so, is there anything in there about splitting the procceds of the house sale, ie, each party to receive half?

Alan,

You could argue that she pay you for her enjoyment of your share of MH!

Elle x

Just remembered something....I asked my sols what would happen if the house sold before an agreement had been reached on the split of the proceeds. I was informed that the house would be sold, and the equity would be placed in a holding account until an agreement had been reached.

As you have a court order regarding the sale of the house, and an offer of full asking price, is it not possible to accept the offer, and for the monies to be put in a holding account (of which neither of you would be able to access) and then thrash out your agreement?

Scottish law is underpinned by the Clean Break premis, and that the assets are divided "fairly" equally . . . it seems to me that she is trying to gain more than she should, and possibly in an effort to "recoup" the expenditure she has made since you stopped payments in relation to the house (which I feel was not the wrong t.hing to do)

AlanG wrote:

There is nothing in the agreement other than us both agreeing the house should be sold.

The agreement appears to be lacking in specification...did sols prepare the agreement?

Elle x

Hi Elle,

All it states is the money should be held in a holding account and kept there until all other matters have been decided. Well, all other matters were decided ages ago so this kind of no longer applies.

I am not happy to sell the house unless we can agree as I neither have the money nor the patience to bat it back and forth for the next year.

Does anybody see any reason why I wouldn't get an equal share be be the reason be morally or legally?

Currently I am waiting on her getting back to us with a list of her expenses. I am guessing this means monies she has spent since living on her own in the house - such as paint etc on top of the bills. Surely this is called living costs? Something I have had in my new residence.

The easiest thing is just to agree and bring the curtain down on the whole saga. Thing is I do not see why I should give in.

I have already made £6000 for the house during a period which she claimed she wasn't there but turns out she was living there. Would I even be entitled to this back?

Thanks again everyone

PS - Ruby do you mean you think I was right to stop paying?

Is it only me that finds the term "hafwit"[sic] offensive?

I can think of many descriptions as to my STBX. That would not be one of them, EVER.

How many have been accused of being deranged when we knew our spouses were cheating?

Yeah most.

I wish to see the "hafwit" [sic] erased from the title.