legal charge on property in seperation agreement - conveyancing required?

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The legal separation agreement I've negotiated - but not yet signed - with my ex-partner (we never married) states i shall have a legal charge (a percentage of the sale proceeds) on the former family home. Basically she gets to live there for six years until the youngest child becomes an adult and then must sell. Currently i have no legal charge/interest in the property.

My ex says no conveyancing is required to establish this legal charge, the seperation agreement is sufficient. Is she right?

My solicitor is away on holiday.

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  • plasticcheese
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    I'm about to put a charge on a property in a divorce situation and my solicitor hasn't mentioned anything about conveyancing. The person living in the property will remain there and nothing has/will change hands or ownership.
  • onomatopoeia99
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    Going back several years when I had a similar agreement (no children involved though) we used a solicitor to draw up the agreement and register the charge at the land registry. While the solicitor I used was the same one that we used for conveyancing when we bought the house together, as I understood it there was no "conveyancing" as such.
    Proud member of the wokerati, though I don't eat tofu.Home is where my books are.Solar PV 5.2kWp system, SE facing, >1% shading, installed March 2019.Mortgage free July 2023
  • Mojisola
    Mojisola Posts: 35,559 Forumite
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    beefy07 wrote: »
    The legal separation agreement I've negotiated - but not yet signed - with my ex-partner (we never married) states i shall have a legal charge (a percentage of the sale proceeds) on the former family home.

    My solicitor is away on holiday.

    Is signing so urgent that you can't wait for your solicitor to come back from holiday?
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