Solicitor's cheque on sale

castle96

she paid none. Deposit...food...anything. Stay at home 'wife'. ...her..childcare

Tiglet2

castle96 said:

Hi,
house owned as joint tenants, not married, no joint bank a/c. Female 'forcing' house sale to obtain her equity. Male doesn't 'need' money/equity ('yet'). Solicitor must????? draw a cheque payable to both parties. Cheque cannot be cashed as no bank a/c held. Can she require/request a cheque for 50% of proceeds.?
 (No joint a/c must happen quite often. What happens then? Are they just 'required' to open a joint a/c for the one off cheque?)

If you can agree an amount of equity that the Female owner will accept, the solicitor will just want confirmation in writing that the Female agrees to the amount offered and following completion, the solicitor will transfer the monies to the Male and Female as already agreed and into separate sole accounts if that is what you want.  They'll need to know that the property is being sold because of a split in the relationship and that the monies will need to be split between the Male and Female.

You should check with the solicitor if they can issue cheques for large amounts.  Some solicitors will issue cheques for amounts up to £5000 but will only do bank transfers for amounts in excess of this.  If the Female does not have an account, how does she expect to receive her share of the equity?  Your solicitor won't agree to send the Male all the money without the agreement of the Female.

You may argue that the Female did not contribute financially to the property, but she enabled the Male to work while she looked after the property and your child/children.   The Male could have been earning a higher wage than if he'd had to work part time to look after the children and had to pay nannies and cleaners to look after the house.  

castle96

split of monies would be 50/50. See original Q

Tiglet2

castle96 said:

split of monies would be 50/50. See original Q



No, that is not what you said.  You said:
Can she require/request a cheque for 50% of proceeds.?

That isn't confirmation that you've agreed a 50/50 split, particularly as you go on to state that she didn't contribute to anything:

she paid none. Deposit...food...anything. Stay at home 'wife'. ...her..childcare



So, tell your solicitor the split is 50/50 of the equity, but monies need to be paid into separate accounts (whether by cheque or bank transfer).  The ex will need a bank account in her name.  The solicitor isn't going to pay all monies to your sole account, neither are they going to hand her a pile of cash.

JGB1955

castle96 said:

split of monies would be 50/50. See original Q

In that case surely all you need to do is (both) sign a bit of paper agreeing to the funds being split 50/50 and being paid to each sole account?  Waiting for a cheque to clear is a bit 20th Century and not doing anyone any favours, whatever your relationship.

castle96

Again.....! He would notdirect sol to do anything. She might 'ask' for 50%. He doesnt care how cheque is drawn. He doesnt want tocash. There is no joint a/c. What would sol do. He will not agreee to any signing of her '50%' to any a/c of hers. See orig Q

Tiglet2

castle96 said:

Again.....! He would notdirect sol to do anything. She might 'ask' for 50%. He doesnt care how cheque is drawn. He doesnt want tocash. There is no joint a/c. What would sol do. He will not agreee to any signing of her '50%' to any a/c of hers. See orig Q

What exactly is the original question?

steampowered

The solicitor/conveyancer will presumably be acting for both sellers.

The house can't be sold unless they both agree, and I imagine there would need to be a joint instruction as to where the funds should be paid.