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Buying partner out of joint mortgage


My daughter is buying her ex partner out of the home they jointly own.


There is £80,000 equity. She has secured her mortgage and I’ve agreed to lend her the £40,000 needed to buy him out. 


Everything is now in place, and she’ll be sole owner of property from 31st of this month. 


Her solicitor has told her that she should transfer the money to her ex partner on Thursday of this week.

Can anyone please advise if this is correct procedure?


I would have assumed the solicitor would be the one to transfer the money and that this would only be done at the new mortgage date. 


Any advice appreciated. 


The money I’m lending is from my hard earned pension fund, so don’t have money to throw around particularly to my daughters ex!


We’re in Scotland.

Comments

  • jackieblack
    jackieblack Posts: 10,663 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 25 July 2023 at 3:59PM
    Both times I’ve bought an ex out, the solicitor who dealt with the Transfer of Equity also dealt with the money - I/my parents had to transfer it to the solicitor shortly before the exes went in to sign the documents and it was transferred to them shortly afterwards.
    (In England)
    Everything will be alright in the end so, if it’s not yet alright, it means it’s not yet the end
    Quidquid Latine dictum sit altum videtur
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 26 July 2023 at 5:57AM
    Dottidi said:

    My daughter is buying her ex partner out of the home they jointly own.


    There is £80,000 equity. She has secured her mortgage and I’ve agreed to lend her the £40,000 needed to buy him out. 


    Everything is now in place, and she’ll be sole owner of property from 31st of this month. 


    Her solicitor has told her that she should transfer the money to her ex partner on Thursday of this week.

    Can anyone please advise if this is correct procedure?


    I would have assumed the solicitor would be the one to transfer the money and that this would only be done at the new mortgage date. 


    Any advice appreciated. 


    The money I’m lending is from my hard earned pension fund, so don’t have money to throw around particularly to my daughters ex!


    We’re in Scotland.

    You've agreed to lend your daughter the 40k.
    That needs to be transferred to the ex on Thursday.
    You are, indeed, throwing that money around - and on Thursday.
    The solicitor doesn't have the money, you do, so you're in charge of transferring it from your account to the recipient.
  • MWT
    MWT Posts: 10,905 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    edited 18 January 2024 at 9:20PM
    The solicitor doesn't have the money, you do, so you're in charge of transferring it from your account to the recipient.
    ... and that part is a very bad idea.
    The safer route is to have the solicitor holding the funds and only transfer at the point when all paperwork is signed and done.


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