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Scotland

Division and sale

Where a property is jointly owned, both owners need to consent to its sale. Where one civil partner wishes to sell the property but does not have the other civil partner's permission to do, s/he must raise an action for the division and sale of the property.

This content applies to Scotland

Civil partner owner occupiers - division and sale

The court can refuse to grant an order, postpone granting an order or grant an order subject to any decision as it sees fit.

In granting an order the court will consider:

  • the conduct of the civil partners

  • the respective needs and financial resources of the partners

  • the needs of any child of the family

  • the extent to which the home or items in the home are used by either party in connection with their business, trade or profession.

  • whether the civil partner bringing the action has offered to provide the other civil partner suitable accommodation. [1]

Last updated: 17 February 2020

Footnotes

  • [1]

    s.110 Civil Partnerships Act 2004