Hi all – quick question for the legal eagles on here. My ex and I have agreed a consent order and it’s been stamped by the family court.

We’re now at the stage where I give her all my money in return for her transferring her portion of the family home to me. My solicitor who’s doing the conveyancing wants details of her solicitor – but I’m not convinced that she actually needs one? My reasoning is:

– She has to do literally nothing other than sign the house over to me and provide her bank account details.
– She doesn’t need a legal opinion on the contract of transfer (she deals with contracts at work but isn’t legally qualified) as if I tried to diddle her in said contract, she could just fall back on the court order (the Consent Order) that we are already bound by.

Basically we’re loathed to pay a solicitor hundreds of pounds (I assume it won’t be cheap!) for doing essentially nothing.

Get it done right and get her out of your life.
Your solicitor wouldn’t ask if she didn’t need one.
She pays as she now has nothing to do with you.
The same solicitor can carry out the purchase and sale.
I am not a lawyer.

Your solicitor wouldn’t ask if she didn’t need one.

pfft! be advised that the law is an industry. it has very little to do with looking after people or what’s right.
OP, just tell your guy she hasn’t appointed one and he/she should send the papers directly. they’ll stick some caveat in their covering letter advising her to seek proper legal advice, after that it’s up to her if she just wants to sign and get it done.
good luck.

No you can do it with one. Did exactly that in my divorce for property sales/transfers. There is a risk each sides interests are not independently represented but your transfer looks quite simple. Make sure the solicitor ensures you only pay stamp duty on half the value (ie her bit).

Good luck

Thanks for the answers so far.

Solicitors form says they can’t represent both of us. I’ve a vested interest as we’ve agreed to split the costs of this bit as it’s all very amicable.

No stamp duty to pay as it’s part of a divorce settlement which are exempt.

exactly the way we did it, except i paid all the costs, mind you it was getting on for 20yrs ago, crack on I say & for all the doom mongers – amicable splits are entirely possible & are 1000x better than the alternative especially if kids are concerned

Solicitors form says they can’t represent both of us

you’re not asking him to. whether she seeks her own advice is up to her. if she just wants to read the paperwork and sign it ( which is what she’d have to do, represented or not, in the end ) is none of your solicitor’s concern.

Is there a mortgage?

Lenders worry quite a lot that other people may have or retain rights over property that they need as security. If it’s mortgage-free I think she’s fine without, but your mortgage lender may well disagree.

There is a mortgage. However I assume if the my solicitor did their job so badly that they left her having rights over the house then there indemnity cover would pay out.

probably not, but i would advise her to get one.

No stamp duty to pay as it’s part of a divorce settlement which are exempt.

Are you sure, I paid stamp duty on my equity transfer ? You are buying her 50% of the property so its a transaction liable to stamp duty. It may be that half the house is below the threshold.

The mortgage will be in joint names surely and thus the property charge will be in joint names. This may be a little more complicated but you still only need one conveyancing solicitor

Some land and property transactions are exempt from SDLT. You don’t need to tell HMRC about these. They include:
– transactions where no money or other type of payment changes hands
– property left to you in a will
– property transferred because of divorce or dissolution of a civil partnership

From: https://www.gov.uk/stamp-duty-land-tax-transactions-that-dont-need-a-return

I assume if the my solicitor did their job so badly…

If the mortgage lender is driving the issue, a claim on the solicitor’s insurance won’t be good enough for them. They will have a checklist of things that are required. If “ex has own solicitor” is on there, then you can suck it up, or have a “computer says no” argument until you lose the will to live.

I’d just ask your solicitor straight away “can the transaction happen without her having a solicitor? If not, why not?” It may save your blood pressure a little…

🙂

I’d just ask your solicitor straight away “can the transaction happen without her having a solicitor? If not, why not?” It may save your blood pressure a little…

Already have 🙂 I just thought i’d get a view from the oracle as well…