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One Seller won’t Move out

johnandsandra
johnandsandra Posts: 2 Newbie
First Post
in House buying, renting & selling
We have agreed to buy a house recently Contracts are ready to exchange the current house holders are divorcing and one as refused to move out.
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Comments

  • Hi_Fidelity
    Hi_Fidelity Posts: 71 Forumite
    10 Posts Name Dropper Photogenic
    Do you have a question? I suspect your conveyancer/solicitor is best-placed to advise you.
  • tacpot12
    tacpot12 Posts: 9,171 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    It might be worth asking your solicitor to find out from their solicitor if either of them actually need to sign anything else before you can complete. If not, you can complete, then change the locks and move their stuff to storage for eight weeks at your expense. The Police will arrest them if they kick off, but it's a civil matter - they shouldn't have signed if they weren't ready to sell the house. 
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 5 October 2020 at 8:46PM
    tacpot12 said:
    It might be worth asking your solicitor to find out from their solicitor if either of them actually need to sign anything else before you can complete. If not, you can complete, then change the locks and move their stuff to storage for eight weeks at your expense. The Police will arrest them if they kick off, but it's a civil matter - they shouldn't have signed if they weren't ready to sell the house. 
    It doesn't sound like they've exchanged yet. And the vendors aren't likely to until the two of them reach consensus.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Who actually owns the property? One, the other, or both?
    No free lunch, and no free laptop ;)
  • mattyprice4004
    mattyprice4004 Posts: 7,492 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    All bets are off if contracts aren't signed - I'd ask the person in the chain due to move into that house to perhaps rent (and the rest of the chain maybe chips in a little to fund this).
  • bouicca21
    bouicca21 Posts: 6,676 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Sounds as they they haven't actually got a financial settlement sorted.  Your solicitor needs to ask if they have a consent order and what it says about selling the house.  If they have one, then it can be enforced with a certain amount of legal faff. If they don't, it's a big problem and exchange won't happen any time soon.


  • csgohan4
    csgohan4 Posts: 10,600 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    Time to walk find another house. Looks like the divorce is going to take a while
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • badger09
    badger09 Posts: 11,533 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    mattyprice4004 said:
    All bets are off if contracts aren't signed - I'd ask the person in the chain due to move into that house to perhaps rent (and the rest of the chain maybe chips in a little to fund this).
    Exchanged ;)
  • johnandsandra
    johnandsandra Posts: 2 Newbie
    First Post
    johnandsandra said:
    We have agreed to buy a house recently Contracts are ready to exchange the current house holders are divorcing and one as refused to move out.
    No chain, first time buyer. They state that it is a joint sale. The woman is moving back to her parents, the man as nowhere to go yet and refuses to complete until he does. Need to complete soon we have furniture stacked everywhere in our parents houses. Mortgage arranged and ready to complete.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    johnandsandra said:
    johnandsandra said:
    We have agreed to buy a house recently Contracts are ready to exchange the current house holders are divorcing and one as refused to move out.
    No chain, first time buyer. They state that it is a joint sale. The woman is moving back to her parents, the man as nowhere to go yet and refuses to complete until he does. Need to complete soon we have furniture stacked everywhere in our parents houses. Mortgage arranged and ready to complete.
    It's not gonna happen any time soon if he's buying tbh. Even renting i'd say 3-4 weeks minimum
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