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separation agreement....house sale
LJ1
Posts: 72 Forumite
selling matrimonial home and have separation agreement (scotland) in place.
Have been trying for last few weeks to get advise from my lawyer but never seem to be able to get hold of them, dispite being told they will call me back...
Does anyone know what happens when a matrimonial home is sold and the sale of the house is being overseen by ex`s lawyer....how can I ensure they apply the division of the proceeds in line with the separation agreement before any money is paid out.
agreement reads From the sale price there will be deducted (a) the sum required to redeem the mortgage as at date of settlement, (b) any fees and outlays incurred in respect of the sale.
If for eg house was sold for 100k and mortgage at date it was paid off was 30k and fees and outlays 10k then I would expect the amout to be divided to be 60k....would I be correct in assuming that.
Does date of settlement mean ...the date the mortgage was settled, or the date the separation agreement was settled.
my main reason for trying to seek advise is my ex is saying the agreement is reading as though it is the mortgage at date of separation....and I am a bit worried his lawyer will take his word for this rather than whats on the agreement...
anyone got any advise on this.....does anyone know if I have to stick with the lawyers who done my agreement or can i go along to another lawyer and ask them to step in...seeing as how 3 weeks on and my original lawyer appears to be ignoring me.
Have been trying for last few weeks to get advise from my lawyer but never seem to be able to get hold of them, dispite being told they will call me back...
Does anyone know what happens when a matrimonial home is sold and the sale of the house is being overseen by ex`s lawyer....how can I ensure they apply the division of the proceeds in line with the separation agreement before any money is paid out.
agreement reads From the sale price there will be deducted (a) the sum required to redeem the mortgage as at date of settlement, (b) any fees and outlays incurred in respect of the sale.
If for eg house was sold for 100k and mortgage at date it was paid off was 30k and fees and outlays 10k then I would expect the amout to be divided to be 60k....would I be correct in assuming that.
Does date of settlement mean ...the date the mortgage was settled, or the date the separation agreement was settled.
my main reason for trying to seek advise is my ex is saying the agreement is reading as though it is the mortgage at date of separation....and I am a bit worried his lawyer will take his word for this rather than whats on the agreement...
anyone got any advise on this.....does anyone know if I have to stick with the lawyers who done my agreement or can i go along to another lawyer and ask them to step in...seeing as how 3 weeks on and my original lawyer appears to be ignoring me.
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