Using the same conveyancing solicitor

Could anyone clarify the correct procedure.

My stbx has agreed to sell me the FMH for the amount left on the mortgage. We have agreed the finances and our divorce is now under way.

I''ve just had a bit of a garbled message from my stbx saying that he has been told we can use the same conveyancing solicitor to sell and buy the house. From what I''ve learned re divorce etc etc I wouldn''t have thought that this was possible.

In terms of time scales, is it advisable that we get the Decree Nisi before approaching conveyancing solicitors.

Thank you for any advice

LG

I wouldnt have thought that was allowed. It could be seen as a conflict of interests for a solicitor to act for both the seller and buyer.It may be possible to have different solicitors from the same firm, but even that may not be permitted.

My ex used the same solicitor to sell our FMH and to buy hers. Great for her. Sucked for me. She tied the sale and purchase of the two and I almost lost mine.

There is really no issue in this other than it can be a bit biased at times.

Actually it is possible to act for seller and buyer but it is not advised. Some mortgage companies forbid it.

As far as the sale and purchase goes in the current case, one solicitor has to act for both parties in the sale and if one of those parties then wants to use the solicitor to deal with their own purchase there is no conflict.

Charles

Thank you Gents

The house is mortgaged in my stbx''s name only. Originally the lender advised that I apply for a joint mortgage with him and then he apply to come of it. I don''t know why but it didn''t feel like the thing I wanted to be doing.

They then suggested if my stbx agreed that he sell the house to me for the amount outstanding on the mortgage. This will allow me to pay off a lump sum and leave me with a manageable mortgage.

I think I will use my own conveyancing solicitor and advice that he uses his own.

Thanks again

LG

That''s a ridiculous solution. What happens if you get a joint mortgage and your ex goes bankrupt? Problems.

What happens if you enter into a contract with your ex to purchase the house for the amount of the mortgage but the house is not worth that much. Or your ex takes a snidey advance on the mortgage before the transaction is complete. Worse, what if your ex pockets the money and leaves you with a house that belongs to the mortgage company? Your ex would still be in the frame for repayment but you would have to retrieve him from Vegas/Rio and hope that he still had the bulk of the money left.

And if your ex refused to leave the property?

How about you do what normal sane people would do and deal with the transaction at arms length? You obtain your own mortgage on the property to redeem the current mortgage and transfer the property at the same time. A redemption figure would be obtained up to the proposed date of exchange of contracts and you could move into the property (which would be subject to vacant possession by your ex) and your mortgage monies would be paid directly to the current mortgagor to cancel that mortgage. This would provide you with adequate security as your solicitor would act in your best interests, the mortgagor would ensure that the property was worth the investment and you don''t have to deal with your ex or his serfs.

Charles

Charles

Please forgive me if I am not explaining myself properly and believe me I am trying to keep sane and do things as simple as possible.

To reiterate, I am living in the FMH on my own, my stbx left the house in October 2012. The mortgage is in his name only but I have paid the mortgage payments on my own since he left.

I want to buy him out of the FMH which he has agreed to.
We have agreed the amount of assets and agreed to split these 50/50. Simple.

He will sell me the house for 48k, the amount left on the mortgage. I then needed to know how I might buy the house from him and as previously stated, was advised to take on a joint mortgage with him but as you pointed out this would be a ridiculous solution. The lender then suggested that he sell the house to me and upon the sale of the house he will get the agreed figure from me which when added to the assets he already has will give him exactly 50% of everything we own. In my mind this is the simplest way forward and one that we are both happy with.

I have tried to keep away from solicitors because I simply do not have the money and also because my stbx has the concentration span of a nat and when pushed into situations he can''t cope with he will get very aggressive
and I don''t care for any of that nonsense any more, so I have tried to keep it as low key as possible. My knowledge of the law is very limited and I confess that sometimes I just want someone to tell me what the score is so that I can get on with it.

He posed the question, can we use the same conveyancing solicitor. I wasn''t sure and I am not embarrassed by my lack of knowledge. My initial thought was that there would be a conflict of interest but I saw no harm in checking first, so I have asked.

I am grateful that people like yourself are here to help those of us who are lacking in knowledge, it goes without saying that your input is invaluable. There is nothing more disconcerting than being given conflicting advice especially when your own knowledge is limited. I am assuming that your advice to try and do what normal sane people do isn''t given because you think I''m not a normal sane person.

LG