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DREAM HOMES

From mill to marvel

Could I lose my home if we split?

When a cohabiting relationship ends, a common concern This incredible barn conversion in the Scottish Borders perfectly blends
is whether one partner can force the other to leave the character and countryside calm…
family home.

The answer depends on your personal Avoiding future disputes f you’re searching for something a little bit The location offers the ideal balance of
circumstances, but there are still some special in the countryside, this beautifully tranquillity and convenience. Surrounded by
safeguards available to prevent this In any split, the process of obtaining or I converted barn in Swinton could be exactly rolling Borders countryside, the home enjoys a
happening. contesting court orders is expensive and what you’ve been hoping to find. Combining the peaceful, semi-rural setting yet remains close to
emotionally draining. A cohabitation rustic charm of a traditional barn with modern everything you need. Local shops, well-regarded
However, it’s important to know that agreement can avoid future disputes design and comfort, it forms part of a small, schools and welcoming pubs are all within easy
cohabitants do not get the same level as they are drafted and agreed when exclusive development of just eight homes, reach. Coldstream has a lovely village primary
of protection as married couples or civil couples are on good terms and can nestled between the picturesque towns of school, while Duns provides both primary and
partners. discuss these issues sensibly. Coldstream and Duns. secondary options. A few minutes away in

The right to stay These agreements can set out clear
guidelines as to what is to happen in the
As cohabitants, if you are joint owners event of separation, and address issues
of your home, both of you have the right such as: Should one person be given the
to stay there. Even if only one of you is right to buy the other person out? How
named on the title deeds, neither of you should the price be calculated? How will
can force the other to leave or change furniture be divided? How should any net
the locks, unless a court order called an free proceeds of the sale be divided if it
exclusion order is obtained. If the property is sold?
is only in the name of one party the other
cohabitant can also apply to the court for These are bespoke agreements tailored
an order granting them occupancy rights to your own specific circumstances so
to ensure they can stay in the property if you both have peace of mind that future
they have been forced out. disputes will be minimised or avoided all
together.
The hurdles for obtaining exclusion
orders are very high – they’re only
granted if necessary for the safety of you Paige Burton
Associate, Family Law
or your children from serious physical or
mental injury. paigeburton@lindsays.co.uk
0131 656 5558

Edinburgh | Glasgow | Dundee | Perth | Crieff lindsays.co.uk

@lindsays @lindsayslegal @lindsayssolicitorsandestateagents
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