Selling marital home. Are both signatures needed ?

angelinamay

Hello

I'm separated from husband, he's living in marital home. We've agreed to sell it and move on. We're both 100% owners (according to land registry) and he's had estate agent around who took his instruction and images of property.  Agent asked for my email address, and I was expecting a message asking when convenient to obtain my signature, agreeing to the sale. He hasn't contacted me as yet, and husband said he onnly needs to contact me at point of sale!  This isn't correct, surely?

Thanks

propertyrental

If the EA is happy to market on the basis of one owner's signiture, that's his choice. However for the sale to Exchange and Complete, solicitors will need both owners' signitures.

Are you happy with the price the property is being marketted for?

In your position I would contact the EA and inform them that unless you are included in all sales related information (viewings, feedback, offers received price adjustments proposed etc) you will not be signing the sales contract or transfer document (TR1). I doubt the EA will want the hassle, wasted time/money, of finding a buyer if he thinks the sale will collapse later on.

RAS

Since your husband has appointed solicitors, they are acting for him in this sale. Who is acting on your behalf? 

You are not yet divorced and it doesn't appear that you are currently have a financial settlement? You need legal advice urgently as there's no-one currently protecting your interests, not even yourself.

propertyrental

RAS said:

Since your husband has appointed solicitors, they are acting for him in this sale. Who is acting on your behalf? 

You are not yet divorced and it doesn't appear that you are currently have a financial settlement? You need legal advice urgently as there's no-one currently protecting your interests, not even yourself.

That is also true though the answer to a larger question than the OP asked.

Yes, legal advice and a proper divorce settlement....

angelinamay

Hi propertyrental,
*In your position I would contact the EA and inform them that unless you are included in all sales related information (viewings, feedback, offers received price adjustments proposed etc) you will not be signing the sales contract or transfer document (TR1). I doubt the EA will want the hassle, wasted time/money, of finding a buyer if he thinks the sale will collapse later on*

Thank you, I'll contact them tomorrow to inform them of this.

angelinamay

Hi Ras,

*Since your husband has appointed solicitors, they are acting for him in this sale. Who is acting on your behalf? *

He hasn't appointed a solicitor.  We are actually, on very good speaking terms, and we've chatted about this a number of times before we agreed what the property will be marketed for.  He has too much to lose if he tryes anything funny, we have 2 adult sons who would NOT put up with anything underhand.

tacpot12

Even if you are on amicable terms, you will need a solicitor to act for you, if only to identify you. Your husband's solictor cannot do that, it has to be an independent solicitor. It need not cost much if their only job is to complete the Land Registry form to say that they have checked your indentiy.  

Hoenir

angelinamay said:

He hasn't appointed a solicitor.  We are actually, on very good speaking terms, and we've chatted about this a number of times before we agreed what the property will be marketed for.  He has too much to lose if he tryes anything funny, we have 2 adult sons who would NOT put up with anything underhand.

There's still legal formalities that are best finalised. In order that personal finances are irrevocably seperated. 

Tracet74

I've been through this very recently and had to insist the second agent appointed could only take joint instructions.  This came about after the ex rejected an offer before I had a chance to respond, costing us £40k.  A combination of a lot of factors and it took nearly 2 years to drag the sale to completion.

Even if things are amicable now, you need to make sure you are protecting yourself by having your own solicitor for the divorce.  In my situation, we used one conveyancer for the sale but he was aware of the position so acted jointly.

I genuinely hope it goes through with the minimal of fuss for you.