Selling a House because of a Divorce

Seek Legal Advice

McEwan Fraser Legal specialises in divorce and property matters in Scotland. We will guide you through the legal requirements and help you understand your rights and options regarding the house.

When getting a divorce, McEwan Fraser Legal will be able to advise you on any legal implications you need to consider.

We often see people who are dealing with selling a home for the first time. This may be because their ex-partner had dealt with it all in the past. The paperwork, processes, and preparations can seem daunting to the uninitiated, so don’t try to do it on your own, We are here to help!

We’re happy to sit down, go through, and help with any issues or questions you have. Moving home is an emotional experience at the best of times, and we understand and empathise with what you’re going through.

Reach an Agreement

Ideally, both parties should try to reach an agreement on the division or sale of the house. This can save time, money, and emotional stress, We understand the need to be a high level of agreement and transparency.

This is often necessary, as there needs to be mutual agreement around the price and marketing strategy applied to the property’s sale.

Financial Considerations

Consider the financial implications of dividing or selling the house. Assess the outstanding mortgage, any equity in the property, and potential capital gains tax obligations. Consult with a financial advisor to understand the impact on your individual financial situation.

It would be worth exploring your financial options. We can put you in contact with an independent mortgage broker.

Sale of the Property

If the decision is to sell the house, McEwan Fraser Legal can market your property. Ensuring that all legal requirements are met during the selling process, such as providing a Home Report, obtaining an Energy Performance Certificate (EPC), and complying with any necessary regulations

Once the property is sold, the proceeds must be divided as per the agreement or court order. It's advisable to seek legal advice to ensure the distribution is carried out correctly