Seperation and Re-Mortgage - Can I waive independant legal advice?

whooshpocket

Hi There

My girl friend and I own a mortgaged flat together. We have recently separated on amicable terms and she is re-mortgaging the flat into her name only and I have moved out.

The new mortgage provider (Norwich) say they cannot proceed with the signing over of property deeds etc until I seek independent legal advice and that they cannot proceed with the re-mortgage until they are in receipt of a letter from my solicitor confirming that I consent to the transfer and will sign the relevant Disposition and associated documentation.

My question: Do I NEED a solicitor? or is there some kind of waiver document I can sign to attest that I am aware and agreeable to Norwich proceeding with the transfer of ownership?



p.s. On the advice of our solicitors we have both signed a separation agreement stating that she will receive the flat with no prejudiced or repercussions etc. Is this legal separation agreement document enough confirmation?

Any help would be most welcome

Many thanks in advance

B.

fluffnutter

Independent advice doesn't need to cost anything. You might be able to get citizen's advice to help you. If you were a member of a union, they might be able to provide free legal advice too. Both of these would probably be acceptable to Norwich Union although it might be wise to check.

I'd try CAB in the first instance.

FBaby

When I did the same with my ex, it was all done through my solicitor. They sent him the papers, he signed and returned, and solicitor sent on to the lender.

bylromarha

No, you will need it to be done via a solicitor.

Hubby and I are happily married, but due to his current lack of income he was more of a liability on the re-mortgage application we made in November. He made it £30k less than if it were an application in my sole name.

So he had to have his name taken off the mortgage, and we had to sign a document in front of a solicitor stating that we were fully aware of the implications of our actions - ie hubby was less likely to have a claim on the house should things go wrong between us. We already knew the implications of our actions, but we had to pay £80 to a solicitor to sign a piece of paper stating that we had taken legal advice, just to please HSBC. HSBC would not issue the remortgage without it.

Wish I were on £80 for 30 mins work.

whooshpocket

Thank you for the clarification on this everyone. I thought it better safe than sorry, so I've decided to contact my solicitor.

Thanks again
B.