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Debt Arrangement and Attachment (Scotland) Act 2002

Section 35 – Articles in common ownership

76.Section 35(1) allows articles commonly owned by a debtor and a third party to be attached and sold in satisfaction of the debtor’s debt.

77.Section 35(2) allows the common owner to redeem such articles on payment of an amount equal to the debtor’s interest in the article.

78.Section 35(3) enables the sheriff to order that the article be released from attachment where its sale would be unduly harsh to the common owner.

79.Section 35(4) provides for other articles owned by the debtor to be attached in replacement.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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