We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Is there a legal requirement that PROFITS from a house sale MUST be paid SEPARATELY to both owners?

2»

Comments

  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    I'm expecting this will result in us being charged for two telegraphic transfers instead of one. Yes, I know, we could open a joint account; we don't want to.

    If opening an account is to much trouble. Suffer the fee. 
    The solicitors are simply protecting themselves. If the money were to be transferred to either one of you and not the other. Then that party failed to release the funds etc etc. Then liability for the others share would fall on the solicitors. May not happen often, but undoubtedably has over the years. People can be extremely deceptive. 
  • And so the answer to the original question: "Is there a legal requirement that PROFITS from a house sale MUST be paid SEPARATELY to both owners?" is in fact 'No'. There isn't.

    My conveyancers have just confirmed that. But they want us to sign some sort of indemnity, which they must of course draw up, at a cost, said cost of which exceeds the cost of two Bank Transfers, before they will pay it into one account.  Rip-Off Britain at its finest, because I suspect most of us know exactly how long it takes to transfer money from one account to another, especially if Faster Payments are involved.

    My sincere thanks to everyone who took the time and trouble to reply.
    If in doubt - do something. (With fond memories of Harry Chapin)
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What optoon are you going to choose ?
  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 26 March 2020 at 7:50PM
    Yes, it is (for all intents and purposes) a legal requirement. 

    You may refer to section 27 of the Law and Property Act 1925 (http://www.legislation.gov.uk/ukpga/Geo5/15-16/20/section/27), also covered in the Land Registry's technical guidance at https://www.gov.uk/government/publications/private-trusts-of-land/practice-guide-24-private-trusts-of-land.

    The effect of this section is that, where property is being purchased which is held by more than two owners (in legal terms joint ownership is described as a trust in land), unregistered equitable interests (e.g. trusts, certain types of right of way) will only get "overreached" (i.e. cease to apply) if monies are paid to at least two co-owners.

    I can also see that the conveyancer may not wish to get drawn into future disputes between you and your wife if you were to (for example) divorce and try to blame them for letting one spouse call the shots and take the money.

    Stop being so bloody difficult and give them your bank account details and your wife's bank account details. Or just go and open a joint account.

    Why on earth do you think your conveyancers are doing this to "drum up fees"? Surely you are paying a fixed cost and it is in the conveyancers' interests to get the transaction done as smoothly as possible? The bank transfer fee only covers the cost the conveyancer pays to the bank. 
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352K Banking & Borrowing
  • 253.5K Reduce Debt & Boost Income
  • 454.2K Spending & Discounts
  • 245K Work, Benefits & Business
  • 600.6K Mortgages, Homes & Bills
  • 177.4K Life & Family
  • 258.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.