divorcee charge on the house

goldengirl28

we are buying a home that is being sold by the owner.

he have agreed price and have got our survey done etc........my solicitor has been strugling to get hold of the sellers paperwork.

we rang her today and she said her ex husband won't sign the paperwork or even fill it it.........she is trying to play nicely to jolly him along.

His name is on the deeds (checked LR)

is there anything we can do to move things along? we have been waiting 4 weeks for the paperwork

any ideas?

Voyager2002

His name is on the deeds so he is also the owner, so if he refuses to sell then the deal is off. Normally the EA would check this and would refuse to market a property in this situation.

All I can suggest is making polite contact with him and seeing if there is anything you can do to help get his agreement. If not, then that's it: let the EA know how much money you have wasted and ask politely if they can do anything.

What a nightmare!

Richard_Webster

Walk away or certainly threaten to do so.

Matrimonial involvements are always a problem in conveyancing chains. See this thread:https://forums.moneysavingexpert.com/discussion/2431671

goldengirl28

thanks Richard,

ive had a quick read through, our couple got divorced 2 years ago and ours is the first offer on the house.

makes me wonder why now

our buyers mortgage offers expired on 28th May, so we need to move it through before then or go into rented.........i'm thinking of saying if paperwork not with solicitors by X date, we are going to have to walk away

poppysarah

Got shown round a split couple's place the other year. He played on all it's negatives and was a real !!!!... as you'd expect from someone who didn't want to move.

NAR

poppysarah wrote: »

Got shown round a split couple's place the other year. He played on all it's negatives and was a real !!!!... as you'd expect from someone who didn't want to move.

and maybe he got a really rough deal from his ex. Yes his attitude doesn't inspire the house sale or help you, but he may have justifiable reasons. (Been there got the T Shirt)

princeofpounds

I really suspect this sale will not go through. She cannot sell without his agreement. Set a time limit to get a signature or withdraw.

Voyager2002

In the first instance, let him know exactly what is going on and about the expiry date of your mortgage. Ask him what he wants to do, and act accordingly.

goldengirl28

i've also sent an email to my solicitor explaining what we have just found out as she is chasing his solicitor with no success, i am assuming he's not telling her why there is a delay (its as if he doesn't know)

so i'll see what she has to say as well.

goldengirl28

just got an email from my solicitor.........i was right she didn't know what was going on

not her fault the seller is keeping card very clsoe to her chest.

she has said the following
"Unless we can get an undertaking from the sellers solicitors we cannot proceed." and something about "undertaking a discharging to the matrimonial home act"
......not sure what that means, i feel a bit of googling coming on

nightmare............i'm well annoyed and upset........i'm going to ring the seller tomorrow and see what is happening