Divorce-marital home sold. Advice on signing contracts?

Dawn248

Wasn't sure whether to post here on in the relationship section..however I left the family home, my soon to be ex husband is still there. The house has a buyer and is going through conveyancing. I have been sent copies of contracts to sign and have a few queries as it's tricky signing these things remotely-Ex is controlling the sale.

On the Land Registry form, section 8 'consideration' says ;
"The transferor has received from the transferee for the property the following sum...£" Now the money is going into the ex's account, which I have no access to. Am I being nit-picky? It seems weird to sign saying I've received some money when I won't be seeing it until the solicitors have sorted our financial settlement. Should I be asking for the money to go into a different account rather than HIS bank account. It's a lot of money after all and he is a very controlling (untrustworthy) person.

Is there anyone I can get to check this over with me-Citizens Advice won't and I'd rather not pay a solicitor for this. Would a mortgage advice centre possibly help?

Excuse the dumb questions, 20 years of someone else doing everything and making you feel stupid tends to, er, make you feel stupid!:o Thanks

marksoton

I'm sorry but you need to bite the bullet on this one and take professional legal advice.

This potentially forms part of your divorce settlement anyway.

Thrugelmir

The money should not be going to his account.

Tomorrow get yourself a family solicitor. Before doing anything else.

Bonfire_Bride

Definitely go no further until you have sought legal advice. Especially as you have described him as untrustworthy. The last thing you want is for this to turn sour.

iammumtoone

Dawn248 wrote: »

Excuse the dumb questions, 20 years of someone else doing everything and making you feel stupid tends to, er, make you feel stupid!:o Thanks

Please don't ever think of yourself as stupid. You have spotted something on a legal form (which are a nightmare to read) that could cause you problems. Not everyone would have seen or understood what that meant, or worse signed it without reading it.

G_M

Is your husband doing the conveyancing himself, or using a solicitor?

Since the house is obviously in joint names, you should make an appointment to see the conveyancing solicitor before signing anything, and instruct that solicitor (both verbally and then in writing) that as a joint owner, the sale funds should be split equally between you.

Do not sign until you have written confirmation from the solicitor.

That is, assuming you are happy for the money to be 50/50.

The alternative is to delay the sale until the divorce process has defined who gets what money, who gets the property, what happens to any pension, etc etc

To answer your specific question, the amount entered in setion 8 'consideration' should be the total amount the buyers are paying the sellers. The 'transferor' is the owner of the property being sold; in this case you and your husband jointly. Once the money is paid by the transferee (buyer) it is up to the sellers to decide what to do with it - but assuming a solicitor is involved the two joint owners should instruct their solicitor what to do with the funds.


Is this your husband?:

https://forums.moneysavingexpert.com/discussion/5522607

Dawn248

Hi and thanks for the reply.
No that post isn't from my ex. Our house is in joint names and he is living there-I left with my two daughters because it wasn't safe for us to stay.
The conveyancing is being done by a large internet firm. I previously emailed my ex about the money going into his account and he was adamant it WILL go into his account and be divided when the finances are settled. He says this is normal procedure.
He expected me to agree to his terms in the financial settlement of our divorce. But I have legal advice on an ad hoc basis and rejected the offer, so there's no telling how long it will take. He may want to go to court as he can afford lawyers and will enjoy seeing me represent myself.
I'll need another appointment with my solicitor when he makes his next move but can't afford to see her just to query this. Is it worth calling the property lawyers and questioning whether the money should be in a separate account or is he legally bound to pass the money to his solicitors once the sale is complete?

bouicca21

It's not normal procedure at all. Get a lawyer. Might also be worth going over to wikivorce for advice.

eddddy

You are joint owners of the property.

Therefore, you must jointly agree the terms of the sale. That includes what happens to the sale funds.

In simple terms...

If your husband wants 100% of the funds to go to his account, but you don't agree - the sale can't happen*.

If you want the funds split 50/50 between each of your accounts, but your husband doesn't agree - the sale can't happen*.

(*unless somebody goes to court to get a court order. But that will take many months at least, by which time your current buyer will be long gone.)

So I guess it might be a stand-off until somebody gives in.

bouicca21

It's not even about a 50/50 split. Depending on circumstances and other assets/debts, one or the other of you might be awarded more than 50%.

You really do need legal advice.

G_M

Dawn248 wrote: »

.....
The conveyancing is being done by a large internet firm. I previously emailed my ex about the money going into his account and he was adamant it WILL go into his account and be divided when the finances are settled. He says this is normal procedure.

Well he would say that wouldn't he? Do not believe him.

You need to NOT sign anything till you have done 2 things:

1) write to the conveyancing company saying you do not agree to the sale as there is no agreement as yet between yourself and the other joint owner about what will happen to the sale funds.

It is important you put this in writing to make it very clear to the conveyancers that they cannot Exchange contracts on the sale as yet. A short, simple clear letter - no long explanations.

2) you get legal advice on your divorce. This will include how savings, investments, pension contributions AND THE PROPERTY should be divided.