What a nightmare this is turning out to be

goldengirl28

Hi all,

Just got an email from my solicitor saying the following needs to happen;

"we are going to contact his solicitor to request the undertaking to discharge the Matrimonial Homes Act Notice and unless we get the undertaking we can not proceed."

trying to get through to her to ask what does it mean and how long will it take

is this a nightmare situation?
I'm starting to think this is going to fall through.........what a waste of money, wished they'd been honest with me about the situation to start with

I've googled it but not getting anything that i can understand, anyone any idea?

Fire_Fox

Is what a nightmare situation - you have given almost no information? Have you tried e-mailing the solicitor back?

goldengirl28

Fire_Fox wrote: »

Is what a nightmare situation - you have given almost no information? Have you tried e-mailing the solicitor back?

apologies firefox if i'm vague

what i wanted to know is, with the action that the solicitors says is now required to progress my purchases

Is that going to turn my house purchase into a nightmare that drags on and on.

i've left a message and sent a VM, just trying to see what i could find out while i'l waiting for solicitor to come back to me

Fire_Fox

Your quote says "his solicitor" who's solicitor? Your ex as you are selling your home? The vendor as you are buying from a separated couple? If the latter then yes it probably will drag on, it's rare that couples split all the assets amicably with no fuss or disputes. The solicitor has clearly told you without that notice you cannot proceed. Is someone currently occupying the property who does not wish to leave/ sell?

goldengirl28

thanks firefox

the solicitor for the seller of the house we are buying.

sorry multi-tasking not work for me today

Fire_Fox

This is like pulling teeth ....

Fire_Fox wrote: »

Is someone currently occupying the property who does not wish to leave/ sell?

goldengirl28

i'm sorry i'm frustrating you.......not having a great day

yes is the answer. the wife has already left and the hubby still lives there & he won't agree to complete/sign the paperwork

I'll wait to see what my solicitors says when she rings back

thanks for you replies it is appreciated

googler

More information required. Such as what's happened so far, what stage you are at in the buying process.

Jowo_2

My sister was caught out by someone who claimed to be a 'cash buyer' for her house. Further along in the process, the woman admitted that she was a cash buyer...when her house was sold (i.e. wasn't a cash buyer). Then even longer along the process, the woman admitted the house was jointly owned and her ex husband would not consent to its sale. Many months later, the woman still didn't have a court judgement in her favour to force the sale.

goldengirl28

hi googler,

Price for purchase agreed up
mortgage agreed - paperwork with our solicitors
survey completed and additonal investigations done
protocol forms sent to seller...........the sellers ex-husband has had them for 4 weeks.........everyone chased to find out what is going on and i spoke to the wife on Monday and she said he won't fill them in or sign anything.

contacted my solicitor to tell her what i found out and she has replied back with ""we are going to contact his solicitor to request the undertaking to discharge the Matrimonial Homes Act Notice and unless we get the undertaking we can not proceed."

i was querying in this is going to go on and on and if anyone had any experience of a simular situation.

Sorry was a bit vague/hard work........its getting all a bit too much at the minute

silvercar

Matrimonial Homes Act Notice adds something to the deeds to state that a person has the right to live in that home even though their names may not be on the deeds. It gives the person mentioned a say in the sale, as the sale can't proceed without them discharging that notice. So the person who has had the notice put on the property will generally not agree to its discharge until a settlement figure is agreed for their share of the proceeds of the sale.