Conveyancer or Solicitor

jakem_2

The house is in both my and my ex's name, its on the market and have a serious buyer, cross fingers.
Through lots of negotiation my ex and myself have agreed that he keeps the other house and I keep the proceeds from the one that is up for sale, the one I am living in at the moment, I make no claim on the other house and he makes no claim on the one I am selling.

What I need to know is, is it better to get a solicitor instead of a Conveyancer as my ex will sign the relevant paperwork handing the house sale proceeds over to me, or can this be done in front of a Conveyancer, will he also have to be there to sign exchange of contracts as his name is on the mortgage and deeds as well as mine.

I have never sold a house before on my own, he always sorted these matters out.
We have split up for well over a year, and he is having nothing to do with the sale, I am doing everything, and am sort of floundering a bit, hence what may appear silly questions.

Thankyou all for your time.:)

Richard_Webster

If you need to protect your position as between you and your ex then you need a solicitor who deals in matrimonial law.

if you are confident that all that has been agreed it doesn't matter whether you use a solicitor or a licensed conveyancer actually to do the conveyancing on the sale. You simply need to find one with either qualification that you are happy with.

Whoever you instruct will need to take ID from both of you and be sataisifed that you both want to sell the house. Neither needs to be physically present when contracts are exchanged or the matter is completed.

jakem_2

Thankyou Richard instead of the funds/proceeds go into say for example a joint account they will be going into mine, but he need to sign something saying that he has no claims on the proceeds, can we do that with a conveyancer, or do we have to go and see a solicitor.
We will be getting the divorce sorted out in the next few months, but in the meantime he will give up any rights to any part of the proceeds of the house.
Once the proceeds from the house are deposited in my account again for example by him signing whatever he signs, then he cannot make a claim on any of the proceeds.

We are hoping to do our divorce online, so by getting a solicitor for the divorce would be costly, hence the reason of whether the conveyancer can do the necessary paperwork.

Hope I have explained it better :-)

sonastin

Is the other house in both names too or just his? If its both, I'd think you need to take your name off that property too and then it gets easier to use a solicitor I would think.

Have you had quotes from both? It won't necessarily cost you more to go with a solicitor and if you find a decent local high street solicitor, he'll probably have the experience to handle the unusual elements of the property transfer without having to do the whole divorce through him.