What is the process for disputed free proceeds left over from a house sale?

TBagpuss

SingingIntheStreet said:

Help!
I’m posting on behalf of my friend who sold his house he jointly owned with his ex. 

A small amount of cash is left over. 

What is the process for the conveyancing solicitor to hand over the cash to the former owners?
The ex has said they want it all, and if my friend wants it (or to split it, or to put it into trust for their daughter) he must go through the courts. 

Is that his only option?
It’s been sat in a solicitors account for almost a year and isn’t much money, not worth court action. 

Thanks

The solicitors will only be able to release it if both parties instruct them to do so of of a court makes an order. Otherwise if they ay it out against the instructions of one party, that person could have a claim against the solicitors .

This si why t's better to agree before the sale is completed and some solicitors may require irrevocable instructions at the outset as to how any proceeds should be split.

It may not be worth going to court but might be worth pointing out o the court that if he has to go to court she may be liable for his costs on top of her own. Alternatively  he may feel it's with offering an unequal split so she gets more than 50% but less than 100%  

canaldumidi

SingingIntheStreet said:

Thanks for your comments everyone. I think we’ve found a way forward. 

Which is?

People who respond do so to try to help and because they care. So it's nice to know how things resolve........