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    • JoeyD93
    • By JoeyD93 12th Apr 18, 9:07 PM
    • 2Posts
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    JoeyD93
    Buying house on back of divorce
    • #1
    • 12th Apr 18, 9:07 PM
    Buying house on back of divorce 12th Apr 18 at 9:07 PM
    Hi guys, new to this and hoping for some advice.

    Myself and my partner are buying a house that was given to his father (court order) when assets were divided in court after a very lengthy divorce.
    She still lives at this property and we are due to complete next friday.......

    I am worried that she isn't going to leave the property.. (she has shown no signs of packing or finding other accommodations.)
    What happens on the 20th if she is still there when we complete??

    Thank you in advance xxx
Page 1
    • Thrugelmir
    • By Thrugelmir 12th Apr 18, 9:12 PM
    • 61,344 Posts
    • 54,578 Thanks
    Thrugelmir
    • #2
    • 12th Apr 18, 9:12 PM
    • #2
    • 12th Apr 18, 9:12 PM
    Have you exchanged contracts?
    Financial disasters happen when the last person who can remember what went wrong last time has left the building.
    • quotememiserable
    • By quotememiserable 12th Apr 18, 9:13 PM
    • 438 Posts
    • 286 Thanks
    quotememiserable
    • #3
    • 12th Apr 18, 9:13 PM
    • #3
    • 12th Apr 18, 9:13 PM
    I think you need to ask you solicitor that one.
    • JoeyD93
    • By JoeyD93 12th Apr 18, 9:16 PM
    • 2 Posts
    • 0 Thanks
    JoeyD93
    • #4
    • 12th Apr 18, 9:16 PM
    • #4
    • 12th Apr 18, 9:16 PM
    Thank you for replying

    As its an under value transfer the exchange and completion happen on the same day.

    Surely he should be in control of getting her to leave before the house is sold?
    • Cheeky_Monkey
    • By Cheeky_Monkey 13th Apr 18, 9:46 AM
    • 1,891 Posts
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    Cheeky_Monkey
    • #5
    • 13th Apr 18, 9:46 AM
    • #5
    • 13th Apr 18, 9:46 AM
    I think it's highly unlikely that exchange/completion will happen on the 20th then as your solicitor will want confirmation that the house is being sold with vacant possession.
    I used to be indecisive - now I'm not so sure
    • Brock_and_Roll
    • By Brock_and_Roll 13th Apr 18, 10:13 AM
    • 891 Posts
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    Brock_and_Roll
    • #6
    • 13th Apr 18, 10:13 AM
    • #6
    • 13th Apr 18, 10:13 AM
    She might have been given advice to wait until evicted if she has hopes of getting council accommodation i.e. not to make herself intentionally homeless.


    Does she have the assets /resources to go elsewhere?
    • TBagpuss
    • By TBagpuss 13th Apr 18, 11:13 AM
    • 6,967 Posts
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    TBagpuss
    • #7
    • 13th Apr 18, 11:13 AM
    • #7
    • 13th Apr 18, 11:13 AM
    Father will need to provide vacant possession. his may require him to apply to the court to enforce the divorce order and to evict her.
    If you complete and she doesn't move out, than your seller would be in breach of contract and would be liable to you.

    I think you need to ensure that your solicitor is aware of the situation and then follow their advice.

    Is the house already in Father's sole name, or it is in joint names of Father and Mother but with an order giving Father the right to it? This may make a difference to who would be liable to you if things go pear shaped.
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