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House buyer has moved stuff in before completion.

138 replies

AlinaRawlings · 15/03/2025 18:27

Hi everyone, apologies as this is long.

I have what I think is an unusual situation and I just wanted some opinions on my next move.
I split with my husband in 2023 and we have now divorced. We obtained a financial order by consent in November 2024 which stated I could occupy our marital home with our 3 children until it was sold with most of the proceeds going to me (we had other properties and capital that went to him). I am not on the mortgage and he is the legal owner so when we separated I obtained a right to occupy notice over the property. I agreed to remove this and it was removed on January 10th. He is very awkward and quite abusive and manipulative and our relationship is strained at best but I try to stay civil for the children.

He accepted an offer on the property within a week (November 7th) and he told me he will keep me updated the whole way through. On the 10th January he told me that the house was going to complete on 15th January. I was dumbfounded that he had not kept me up to date and told him there’s no way I could find a rented property (which I’d decided to go into until I’d saved a bit more to buy a home outright for myself and the kids) and move within 5 days. He was extremely abusive telling me I would lose us the sale. I had no access to his conveying solicitor who would not speak to me as I am not the legal owner. I then found a property and moved out within 14 days. I asked him when completion would then happen and he had no clue. This dragged on for weeks.

I then got a call from him on 7th March telling me I need to hand the keys to the buyer as she needed to move her stuff in (I still had the keys and still had belongings in there). I asked had he exchanged he said she refuses to exchange until she has the keys. I told him that that’s too risky for us both and could cause many issues. I then got a barrage of abuse and was told “she’ll call you to explain just give her whatever she wants”. She then calls me and tells me she’s a financial remedy judge (about 5 times) and how she’d never have touched the property had she known there was a matrimonial charge on it or known it was a “divorce property” (she was told this upon viewing). How her child had now lost his place at his preferred high school and that a condition of her offer was a completion date of 15th January due to her child’s school place. I asked why it hadn’t exchanged and she said she’ll do it today whilst I hand her the keys. I explained I still have stuff in there and that I’d need time to move it, she said I’ll stick it all in the garage for you. I felt bullied by both my ex and her and agreed as she repeatedly told me she’s a judge and can be trusted, that she’ll take on insurance liability, that she can’t get time off to move so needs the keys to move in the evenings, that she wants her electrician to come and put up light fittings, that she’s happy to pull out if I don’t acquiesce so I ended up hurriedly going up there grabbing what I could and handing her the keys over. I did ask when completion would happen and she said it’s out of her hands as a company is buying her home and they’re dragging their feet.

it’s now over a week later. I have asked my ex to keep my updated (we only speak on msg never face to face as it’s too volatile). He has ignored me. I still had her number from her calling me so I sent her a nice msg basically saying can she keep me in the loop as now she has the keys I have no idea when completion will be and my ex won’t tell me. She seemed very annoyed that I had msged her directly and told me she’s not the mediator between me and my ex. That this was all our fault for not completing on January 15th and that it will basically takes as long as it takes, she then asked me not to msg her again as she will only communicate with the legal owner and not to contact her again. She also threatened to remove her things and just pull out as it’s all stop stressful for her. I have also asked can his solicitor send proceeds from the property straight to me and he said his solicitor said as I’m not his client then no it will have to go to my ex then to me. This is a huge amount of money that I don’t trust him with. I have no money to obtain legal advice and I now don’t know the best course of action. I feel a bit like a fool for not demanding a completion date before handing over the keys but she’s certainly flexed her authority and knowledge as a judge over me.

Am I being unreasonable in asking the buyer to commit to a completion date and should I have give her the keys in the first place?

OP posts:
Beesandhoney123 · 15/03/2025 22:09

Don't think for one second she is a judge as in legal. Probably means judge of jam or something.

It's all sounding very very wrong. Any money owing to you goes to you. Has any solicitor asked for your bank details? Directly, not through him.

Go back to your original solicitor and ask them to call his solicitors.

If he hasn't told anyone you are owed money then you are unlikely to get it. Sounds like even the estate agent doesn't know. Muscle in.

Puzzledandpissedoff · 15/03/2025 22:01

I only handed those keys over on the understanding it had exchanged then today in a msg she tells me there are still pre exchange searches outstanding

So surely the obvious answer is to return the situation to what it should have been by changing the locks so she can't get in until completion?

She'll probably carry on about "pulling out", but frankly I'm not convinced that would be any bad thing if she's going to behave like this

Barrenfieldoffucks · 15/03/2025 21:57

Do you have your own solicitor, dealing with your divorce? You should not be doing anything without running it past them first.

PomPomSugar · 15/03/2025 21:42

AlinaRawlings · 15/03/2025 21:30

I had to do that for any sale to go through, I don’t know how to actually make him hand over the money. Every thought has ran through my head like he could literally just gamble it away (I don’t think he would but worst case). He is a very high earner and has other assets that can be taken if he did do that so I do trust that I will get the money as he’s legally obligated to, just when is the question. I do know who his conveyancing solicitor is and I asked for a call back from them and they didn’t call me back, I’m assuming as I’m not their client then they will refuse to speak to me about it.

No, you didn’t have to remove it for the sale to go through. The home rights notice should be removed when it is complied with ie. when you receive the money. This is dealt with at completion. By removing the notice prior to completion you have left yourself completely vulnerable. There is no way for a conveyancer to know you are due funds otherwise and they will just send the funds to your ex. You need to register the home rights notice right now, even if it has exchanged! You have been given terrible advise by whoever told you to remove it.

Cosmosforbreakfast · 15/03/2025 21:40

Don't leave anything to the 25th. Speak to your solicitor first thing Monday morning. They will be able to advise you on what steps to take to protect your interest in the sale of the house. If you don't we might very well be seeing a thread 'my ex took all the money from the sale of our house and pissed it all away'.

321user123 · 15/03/2025 21:36

AlinaRawlings · 15/03/2025 21:27

Thankyou everyone for your help, it is as I suspected a very risky thing that we have done. I think I’m going to give it until 25th and if I don’t have a firm completion date I will as somebody suggested get legal advice on possibly putting in another home rights notice.

If this property actually hasn’t exchanged then this is far worse than I thought. It’s such a nasty business selling and buying a house, it really does bring out the worst in people.

just to add I don’t even know her full name to check if she’s a judge and I wouldn’t want to get her in any trouble at this point anyway, as long as it alls goes through in the end then I’ll be happy, if not then it will be a different story. Hopefully this will work itself out in a week or 2, if not then I will certainly seek legal advice.

Sorry OP as I’m sure you’re extremely stressed and anxious.
But.. what you wrote here is STUPID.
Get in touch with a solicitor STAT. They don’t all charge in advance, and may be very happy to take fees from the sale revenue.
I would get in touch with who has drawn the financial settlement and get them to get in touch with your EX’s conveyancer so funds go to you directly.
Do not wait.

AlinaRawlings · 15/03/2025 21:30

EuclidianGeometryFan · 15/03/2025 21:25

This.
You removed your 'right to occupy' notice from the property.
What is to stop your ex just taking the sale money?

Never mind the locks and keys and fretting about your belongings, as it sounds like this woman will be buying the property eventually. The real danger is that you don't get the money.
Speak to your solicitor ASAP - this is urgent.

I had to do that for any sale to go through, I don’t know how to actually make him hand over the money. Every thought has ran through my head like he could literally just gamble it away (I don’t think he would but worst case). He is a very high earner and has other assets that can be taken if he did do that so I do trust that I will get the money as he’s legally obligated to, just when is the question. I do know who his conveyancing solicitor is and I asked for a call back from them and they didn’t call me back, I’m assuming as I’m not their client then they will refuse to speak to me about it.

OP posts:
AlinaRawlings · 15/03/2025 21:27

Thankyou everyone for your help, it is as I suspected a very risky thing that we have done. I think I’m going to give it until 25th and if I don’t have a firm completion date I will as somebody suggested get legal advice on possibly putting in another home rights notice.

If this property actually hasn’t exchanged then this is far worse than I thought. It’s such a nasty business selling and buying a house, it really does bring out the worst in people.

just to add I don’t even know her full name to check if she’s a judge and I wouldn’t want to get her in any trouble at this point anyway, as long as it alls goes through in the end then I’ll be happy, if not then it will be a different story. Hopefully this will work itself out in a week or 2, if not then I will certainly seek legal advice.

OP posts:
EuclidianGeometryFan · 15/03/2025 21:25

PomPomSugar · 15/03/2025 20:51

Conveyancer here - I would register another matrimonial home rights notice asap. If your ex hasn’t told his conveyancer about the court order they wouldn’t know without the matrimonial home rights notice being registered and will just send him all the sale proceeds.

This.
You removed your 'right to occupy' notice from the property.
What is to stop your ex just taking the sale money?

Never mind the locks and keys and fretting about your belongings, as it sounds like this woman will be buying the property eventually. The real danger is that you don't get the money.
Speak to your solicitor ASAP - this is urgent.

GruffaIo · 15/03/2025 21:14

Have you checked that the (prospective) buyer is who they say they are? Depending on when they were appointed, they should be on the FRC Organogram: Financial Remedy Court Organogram (February 2022) - Courts and Tribunals Judiciary

You should also be able to find details of their appointment online and likely older profiles of their earlier professional career. I'm just very surprised at a sitting judge acting in such a fashion.

Financial Remedy Court Organogram (February 2022) - Courts and Tribunals Judiciary

Find out the latest up-to-date court details on the organogram

https://www.judiciary.uk/guidance-and-resources/financial-remedy-court-organogram/

YourAzureEagle · 15/03/2025 21:13

Having working in conveyancing, I have known of a few cases where a buyer began works / moved some goods in after exchange, but never before exchange.

In those two cases I can remember a contract was drawn up in which the buyer in effect became a short term Tennant for the two weeks, accepted all risk in loss and where required to insure the property.

Even in those exceptional circumstances there are still big risks to the seller of ending up with half finished work or squatting would be buyers to evict.

As has been said above, the OP does not have the right to change the locks - they keys should have been passed via the solicitor or estate agents, both of whom I would think would have advised against.

However, I still rather think the "judge" and the husband may be connected somehow.

ladymammalade · 15/03/2025 21:07

This sounds absolutely batshit. I realise you were in a bit of a panic but nobody has the right to demand keys before they actually own a house 🤦‍♀️

PomPomSugar · 15/03/2025 21:00

Cherrysoup · 15/03/2025 20:30

No searches=no way they’ve exchanged. They can exchange/complete on the same day but you need move back in or withdraw her access via new locks-cost me £10 to change the barrels front and back.

I expect they mean pre completion searches, which are the OS1 and K16. Five minute job.

PomPomSugar · 15/03/2025 20:51

Conveyancer here - I would register another matrimonial home rights notice asap. If your ex hasn’t told his conveyancer about the court order they wouldn’t know without the matrimonial home rights notice being registered and will just send him all the sale proceeds.

OhCalmTheFuckDownMargaret · 15/03/2025 20:45

I think people need to stop telling OP to change the locks. It's not her house. It's her Exes. The sale is between her Ex and the judge or whatever she is. It isn't OPs house to be changing locks on.

Cosmosforbreakfast · 15/03/2025 20:38

Go back and stay in the house. Change the locks. Speak to your solicitor, this all sounds dodgy as hell. Don't engage with her or your husband until your solicitor has given you advice.

Barrenfieldoffucks · 15/03/2025 20:30

Honestly, why did you not start looking for a place when you originally had notice there was a sale?

Cherrysoup · 15/03/2025 20:30

AlinaRawlings · 15/03/2025 19:02

That’s interesting, I have msged asking directly has exchange happened but he’s not yet responded to me. Tbh I’m worried about the answer as if he says no then I start telling him all the reasons that she shouldn’t have access right now I’ll get more abuse. I only handed those keys over on the understanding it had exchanged then today in a msg she tells me there are still pre exchange searches outstanding. What a mess!

No searches=no way they’ve exchanged. They can exchange/complete on the same day but you need move back in or withdraw her access via new locks-cost me £10 to change the barrels front and back.

Cherrysoup · 15/03/2025 20:28

TheGirlattheBack · 15/03/2025 18:54

Given that the proceeds of the sale are mostly yours as part of the settlement agreement you need to protect the value of the house. She should therefore not have access until completion and should definitely not be starting any work - what if they cause damage and then pull out of the purchase?

Have you still got keys? I would change the locks asap and then not hand over the new keys until completion - advise the agent of the changed locks.

Also contact your solicitor so they can be in contact with the conveyancing solicitor acting for your husband, the seller, to ensure he pays you the appropriate funds.

Absolutely this and get idiotic ex’s solicitor to look at the financial agreement so the money goes straight to you which is the legal route. Get the locks changed! She has no right of access until completion regardless of what she and idiotic ex say.

kiwiane · 15/03/2025 20:26

Change the locks and inform your solicitor.
You have allowed a squatter - no one should have access until completion - if they haven’t got a date then they’re not committed to the sale as they’ve not exchanged. This is really serious and could cost you and your husband - he’s a fool.

AthenaPallas · 15/03/2025 20:22

You absolutely have to get legal advice asap, this situation is really strange. I would also advise that you speak to your insurance company about the house insurance and make sure it's still valid. And - get into the house and change the locks. Don't hand over any keys until completion and money transfer. Your ex sounds like a right bastard, but also an idiot. Tell him that he has to give permission to his conveyancer to keep you informed of what's happenng. If he doesn't, tell him you're moving back in.
Lists of judges here: www.judiciary.uk/about-the-judiciary/who-are-the-judiciary/list-of-members-of-the-judiciary/

butterfly0404 · 15/03/2025 20:20

I'd change the locks as a matter of urgency. If she has exchanged contracts, which I doubt very much, this means she would forfeit her deposit if she pulled out.

It's highly irregular and you need urgent legal advice x

Hortus · 15/03/2025 20:11

It all sounds very peculiar. I'm surprised if she actually is a judge that she is not acting correctly ie keys are not handed over until completion has taken place.
You can check her name against the list of judges available online, if her name isn't on there she isn't a judge.

treesocks23 · 15/03/2025 20:05

Wow so much here

Ok so

  • if she is still waiting on searches then SHE could not have completed on 15th Jan. She wasn’t ready to.
  • I think you said something somewhere about her not knowing a completion date due to a company buying her property? Sorry if that’s wrong. But if that’s the case than, as before, it’s her that’s not ready. And secondly there’s no guarantee of when it would happen
  • It can’t have exchanged based on the above and also her saying ‘she just has to sign the contract’ is odd. You normally have the contract signed quite early in the process and then it’s only dated by the solicitor at the point of exchange and when a completion date has been agreed, which obviously hasn’t happened yet. But she should have signed the papers!

Genuinely all so odd but smells very fishy. It’s all kinds of wrong legally and for insurance and more!

SalfordQuays · 15/03/2025 19:46

I’d move back in and change the locks. So what of the sale falls through. It’s not your problem.