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House Buying Complications

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Comments

  • martindow
    martindow Posts: 10,561 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Surely its possible in cases like that, ie where they are arguing about "dividing the spoils" for you to go ahead and complete purchasing the house and those "spoils" get lodged with a solicitor until their division has been agreed?
    Both of them will need to sign the contract for this to happen. Very often one of the two will be living in the house when their ex has moved out. The one in the house has very little incentive to co-operate in the sale and will prefer to let it drift on as long as possible while they continue to live there.
  • When there's a divorce involved it always pays to be suspicious and ask lots of questions about how far they have got in agreeing things, Talk to both of them if you can.

    Sometimes they think it is straightforward and they have agreed everything and then the matrimonial solicitor acting for one of them says that they should get a court order to set the terms in concrete so the other one cannot go back and ask for more. This all takes time.

    If you expect a quick move then when there's divorce involved it is not guaranteed and sometimes best avoided.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • sacphil
    sacphil Posts: 37 Forumite
    Thanks everyone for your responses and apologies for the delay in updating. Things have been very busy recently. The long and the short of it is this.....

    Our mortgage expired on the 21st of this month but thankfully we exchanged contracts on the Thursday before and completed on the Friday. Very last minute and nerves were jangling but alls well that ends well I guess.

    Learning points from this......as mentioned above, be VERY wary when purchasing from anyone going through matrimonial disputes. That's not to say don't, just be extra careful. We got lucky, but can imagine that others may not be in similar circumstances.
  • Hoploz
    Hoploz Posts: 3,888 Forumite
    Thanks for the update. Really pleased you got the house you wanted.
  • ellie27
    ellie27 Posts: 1,097 Forumite
    Ninth Anniversary 500 Posts Combo Breaker
    The house we have offered on, and had it accepted a week or so ago - it is a separation.

    The couple have split a long while ago, one of the partners has moved out of the house and into rented accommodation.

    I hope it all goes smoothly!
  • Jhoney_2
    Jhoney_2 Posts: 1,198 Forumite
    Congratulations :T
  • rosie383
    rosie383 Posts: 4,981 Forumite
    Great news. And baby ... ? More good news?
    Father Ted: Now concentrate this time, Dougal. These
    (he points to some plastic cows on the table) are very small; those (pointing at some cows out of the window) are far away...
    :D:D:D
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