Selling house - separated

Caranica

My ex and I split up many years ago, hoping to divorce soon. One of the hurdles was a property he owned before I met him, we lived in for years and then we moved out and into the property I live in (he lives overseas now).

The house is sale agreed but I need to sign the contracts too (we're heading towards 20 years married) and his solicitor is insisting I get a solicitor in order to sign the contracts. I see absolutely no need for this, we've agreed a sale price, we're selling it. I'm ok with that so why do I need to pay someone to safeguard me agreeing to sell the house? Surely as an educated person I can read the contract myself, pretty sure it's a standard house contract and sign it?

nuac

Mod
Sorry cannot have legal advice on this forum. Suggest you discuss with your solicitor
Leaving open for now for general discussion subject to forum rules

Caranica

nuac wrote: »

Mod
Sorry cannot have legal advice on this forum. Suggest you discuss with your solicitor

I'm not looking for legal advice, I'm asking do I need a solicitor. I don't think so, I want the house sold and surely I can just sign without needing a solicitor.

GrumpyMe

You are being asked to sign a contract.
Have you read the contract?
Are you sure you understand everything in the contract?

schemingbohemia

For the few quid involved you could be saving yourself a lot in the end. You should probably have a solicitor for the divorce in any case as there could be issues with pensions etc.
I wouldn't recommend a solicitor for everything but for conveyancing and divorce it's a must in my opinion.

PhoenixParker

They want you to get a solicitor for their own protection.
It reduces the chance that youllr reappear down the line claiming you were tricked.

It's standard practice that all parties in a case like this need their own, independent legal advice.

Get a solicitor.

Caranica

Thanks. Trying to avoid getting a solicitor for as long as possible, divorce is amicable and no kids. I'm happy that we can come to an agreement in mediation and then just get a solicitor at the end to make sure we've covered all bases. Friends have had legal bills of 5-10k (kids involved) but I see no reason to spend that kind of money unnecessarily

4ensic15

I am constantly amazed by this attitude. people who wouldn't wire a plug themselves will refuse to pay for legal advice when engaged in one of the most momentous actions in their lives.

Caranica

4ensic15 wrote: »

I am constantly amazed by this attitude. people who wouldn't wire a plug themselves will refuse to pay for legal advice when engaged in one of the most momentous actions in their lives.

Oh i can wire a plug and have taken legal modules at both undergraduate and postgraduate levels! I'm not green and innocent coming into this.

My point is, I'm absolutely going to take legal advice in relation to my divorce but we're selling this property at x price. I'm not delighted with x but I'm OK with it. I don't want to gamble on future values, I want to be divorced and we've been trying to sell for some time.

Now I've got to sign a contract at x price, at the end of the day our joint means are going to be means +x(minus legal and other expenses). In my mind I need legal advice after this point, not before it.

But it seems reason will not prevail and I'm going to have to pay for a solicitor for absolutely no reason at this point. His solicitors are refusing to release the contract to me and are insisting on a solicitor. I'll sign same the same papers and we'll sell at the same price. What happens with the proceeds (the really important part) had no place in the contract of sale.

Thanks Nuac poor letting this discussion continue but it still makes zero sense to me!

Robbo

Caranica wrote: »

Thanks Nuac poor letting this discussion continue but it still makes zero sense to me!

There's a potential conflict of interest where your Ex's solicitor needs to be sure that you're selling the property (which you may or may not have certain rights in relation to) of your own volition and are advised of all the potential ramifications. The easiest way to deal with this for all concerned is for you to be independently legally represented, they'd be opening the door on future litigation otherwise.

Shefwedfan

You sign contract with no solicitor
A few years time you fall on hard times and decide you want more cash
Review contract and something dodgy in it
Sue the solicitor for his part in it
That’s the solicitor concern

Paid the few quid and get a solicitor, it has nothing to do with amicable breakup

If you had done some legal sections did none of it explain why you need a solicitor? I would have expected that to be chapter 1

4ensic15

Caranica wrote: »

Oh i can wire a plug and have taken legal modules at both undergraduate and postgraduate levels! I'm not green and innocent coming into this.

My point is, I'm absolutely going to take legal advice in relation to my divorce but we're selling this property at x price. I'm not delighted with x but I'm OK with it. I don't want to gamble on future values, I want to be divorced and we've been trying to sell for some time.

Now I've got to sign a contract at x price, at the end of the day our joint means are going to be means +x(minus legal and other expenses). In my mind I need legal advice after this point, not before it.

But it seems reason will not prevail and I'm going to have to pay for a solicitor for absolutely no reason at this point. His solicitors are refusing to release the contract to me and are insisting on a solicitor. I'll sign same the same papers and we'll sell at the same price. What happens with the proceeds (the really important part) had no place in the contract of sale.

Thanks Nuac poor letting this discussion continue but it still makes zero sense to me!

Legal modules may help you understand legal advice but they won't have deal;t with, practice and procedure, evidence or tactics. If you ex's solicitor hands you a contract, or send it to you to sign, he will have to register you as a client going through money-laundering requirements etc. Since he has already been instructed by a person you are in the process of divorcing from, he is utterly conflicted. What would happen, if after the sale you went to another solicitor who says "you should have done this or lat that happen". There is also the question of the purchaser of the property to be considered. They will want to be watertight on the requirements of the Family Home Protection Act.

Blazedup

Caranica wrote:

Oh i can wire a plug and have taken legal modules at both undergraduate and postgraduate levels! I'm not green and innocent coming into this.

If you are not in practice, in my view, you are green and innocent.

Victor

Caranica wrote: »

Friends have had legal bills of 5-10k (kids involved) but I see no reason to spend that kind of money unnecessarily

You will be paying nothing like that number. You won't even be paying the amount of a typical conveyance.

Caranica

Victor wrote: »

You will be paying nothing like that number. You won't even be paying the amount of a typical conveyance.

That figure was for divorce, not selling a property. Going to talk to a solicitor next week. We use one for our management company that's sound enough.

ganmo

Asks do I need a solicitor in the legal discussion forum and gets told yes

Shocking :P

nuac

Mod
imho no harm is discussing the topic.