Selling House - ex partner won't / can't sign

Libra1975

*crosses fingers for you.

Richard_Webster

Why did your solicitors even let you start the process of selling? Did you give them an unrealistic expectation of him signing? I wouldn't have taken on a conveyancing transaction where the property was jointly owned without first getting something pretty concrete from BOTH property owners instructing me to proceed.

If you had explained the position to me I would have warned you of the risks of the matter not proceeding and would have required his initial consent for the transaction to go ahead before even sending out draft contract papers.

If this wasn't forthcoming then I would tell you to get a litigation solicitor and go to court for an order for the property to be sold. You would probably need to get orders authorising a court official or some other third party to sign the documents on his behalf if he will not do so. This will all be expensive and time consuming I'm afraid, but judging by what you have said, you could not rely on him to sign in the future if you lost this buyer and found another.

Badger_Lady

Richard_Webster wrote:

Why did your solicitors even let you start the process of selling? Did you give them an unrealistic expectation of him signing?

He signed everything else at the beginning - Solicitor's instructions etc - when I gave him £350 goodwill.

We also had the Land Registry document at that time, but didn't understand what to do with it (witnesses etc). It is just this document that remains outstanding.

My Solicitor has been fully informed at every stage, as have the buyers. I try not to tell the buyers every little detail because I don't want to add to their stress, but they are aware that we're waiting for my ex's signature.

elvis_girl

I think what Richard says is right. Why did your solicitor not point out the pitfalls before you had a buyer? As he says you can get a court order which is what you may have to do if you lose this buyer. Or maybe more "goodwill" could force his (signing) hand. I personally wouldn't have much faith in a Solicitor crossing fingers & wishing lots of luck!

tweetyshells

Personally i would try and get together another small "goodwill" gesture as ok you can't afford it but you also can't afford £600 a month for a house you don't live in.

Badger_Lady

If they had "explained the pitfalls", would I have done anything differently? At the time, I had a full asking-price offer for a flat that I was moving out of in 6 weeks due to my new job.

There's no actual reason for him to not sign, so it would surely have been a bit extreme to start looking for court orders as opposed to just selling it... after all, he's not using it, and it's not worth anything to him unsold!

When I first ran into trouble and told my solicitor about it, she mentioned that my alternative route would be long and expensive, and therefore recommended "goodwill" as the best route for me.

I still agree with that - just wish I could find the !!!!!! so I can start being nice to him!!!

candygirl

Juts read this ,and i'm really sorry he's being so awkward hun.Hope you get it resolved very soon:p

Soubrette

Could you get the solicitor to send you another document (or collect it today) so that if you do see him, you could get him to sign on the spot?

Sou

Badger_Lady

Yes - I've got a couple of copies actually! One that I've signed (he can sign the same one), and a spare copy... I'm also told that I can pop into their office at any time for more (5 mins from his house).

Will definitely get him to do it on the spot if I see him - problem is, where is he!?!?

Badger_Lady

update

Well, I had a sleepless night last night after picking up a voicemail from my Solicitor - she said that she needed desperately to speak to my ex, that the buyers were extremely keen to move, and that "we can go ahead and complete on Friday but won't be able to release the money until everything is signed".

I called her back this morning - she's left the company. My case has been passed to her secretary, so I asked about completing only to be told "no, you can't do that - the buyers want you to do that, but we won't have it - you have to sign everything first".

So now I'm thoroughly confused - how could one complete without signing and, if it's a possibility, why can't I do it??? After all, I'm in no desperate rush for the money, I just want to get rid of the flat.

I'm still going to drive to ex's house this evening and try to find him, but I just want to cry at the moment...