STBXH ignoring initial writ

[givemestrengthpleeeeease]

Hi, I'm hoping someone could possibly advise on my situation. I'm in Scotland.

I do have a solicitor and I'm sure I'll be speaking with them next week, but in the meantime I'm hoping for a bit of advice.

Separated from STBXH 3 years ago. I moved out of the FMH 2.5 years ago as I was able to get a mortgage of my own, whereas he was self employed.

Conversations back and forward for around a year after we split would always result in him getting huffy when talk turned to my share of the home. To be clear, the home was purchased with a view to be a family home for us. I was already tied into another mortgage so didn't initially go on the mortgage for new home. We married shortly after moving in together. Due to the circumstances he moved to and where we bought the house, it cannot really be argued that it was bought solely for his own use.

I initially appointed a solicitor in February 2022 and since that point the only communication we've had back is from his solicitor to confirm they have been appointed by him. Absolutely nothing else, and I'm down thousands for the privilege

An Initial Writ was sent out to him and handed over by a sheriff officer on 15/2/23. He had until 8/3/23 to respond but I know he'll ignore. The Writ has outlined that he should provide details on his finances and home current value.

Does anyone know what may happen if he continues to ignore? I only have details of the process if the other person engages. Can he refuse to allow access for a valuation of the home? To an estate agent? Viewers?

Thank you

Sorry...due to where he moved from and where we moved to.

(Basically a box room at his parent's home, to a 3-bed hole within school catchment area for my DD. He moved out of his own area).

Oh god...a 3-bed home not hole

I’m not an expert in family law which has its own section in the rules but the general rule is that if the defender doesn’t respond to a writ then it proceeds as undefended and the sheriff will basically grant the pursuer whatever they ask for (providing it is competent and not outrageously unreasonable). I expect that is what would happen here as long as sheriff is satisfied that the writ was properly served.

If for example you state as a fact that the house is a marital asset and he doesn’t state anything to the contrary, the sheriff is unlikely to question that. They would normally also award expenses against the other party.

Im pretty sure the court can order him to allow a valuation (the court of session definitely could and I’m pretty sure a sheriff can too). But the court could also potentially work off a desktop/external valuation.

But also if he is slightly late lodging his intention to defend the court will probably allow it. And if you get decree (order in your favour) in an undefended action there is a mechanism to allow it to be recalled and started again. So he could be time wasting. But generally it’s probably in your favour if it’s undefended because you’ll get whatever what you ask for.

Thank you very much for your reply, that's been really helpful I'm not sure if it makes a difference that I'm in Scotland?

I can definitely see him time wasting, although he had a habit of burying his head in the sand about a lot of things when we were together.

Definitely nothing outrageous being requested, just half of the equity in the home.

Just to ask, when you say if I get decree, there's a mechanism to start again...could he potentially do this repeatedly? So apply the mechanism you're referring to, then just ignore legal communication and therefore causing me to rack up even more in legal costs? I wouldn't put that past him.

Thanks again.