Sols not releasing proceeds of sale - rights?

Hi Charles, here''s the actual para:

XX. Division of the proceeds of sale of Former matrimonial home
The parties having agreed to the sale of the former matrimonial home and the completion date being XX YYY 2016, the proceeds of sale shall be applied as follows:
i. to discharge the mortgage (as defined) in full;
ii. in payment of the solicitors’ conveyancing costs and disbursements in connection with the sale;
iii. in payment of the estate agents’ charges;
iv. in payment of the balance as to XX.X% to the wife and the balance to the husband.

And here are the instructions: "that the funds will be held until we both agree the division or a Court decides"

They are arguing that the order is unclear and as we haven''t agreed a split and the court has not explicitly ordered them to release the funds, they will not.

I can see where they are coming from. If the order was made prior to the instructions being issued, the instructions implied that there was no agreement and there is no order deciding the issue.

A more accurate instruction would be "for sale of the property and for division of the funds in accordance with the final order."

Charles

Thanks Charles. The order was made well after the instructions were issued.

Is it not the case that if the solicitors act in terms of discharging other aspects of the order, that in effect there is one solicitor acting for both parties in contested proceedings. Is this appropriate?

One more question - if I have to apply back to court, would this be via a d11 form? Thanks!

If the order was made after the instructions, I cannot see what the problem is. Once (i)-(iii) are paid the balance is paid in accordance with (iv).

As you are the client, you should make a formal complaint and seek that the monies be released immediately in accordance with the order.

Your ex may also be a client but it is your ex who is trying to vary instructions unilaterally. The instruction is subject to agreement OR court decision. The court has made a decision therefore agreement is not required (even if the order was made by consent - the court has decided to make the order that was proposed by the parties).

In my mind as your ex is trying to change instructions, he is in the wrong and must seek representation elsewhere. Due to the connection between your ex and the firm that wouldn''t be appropriate therefore the firm should cease acting for both of you.

Charles

Thanks Charles, good advice. Have a good weekend. And just to say - all the effort you put in on this forum is hugely appreciated, thank you so much!