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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Aibu to think that they don't get to stay in the property after completion date?

74 replies

Madmilkmaid · 12/06/2019 23:57

OK, so I'm no expert on buying/selling property so I'm confused (and pissed off a little tbh).

So DP has agreed to buy ExW out of their house. This was all agreed 5 months ago with them coming to an agreement about the finances etc. All good.

So he suggested a completion date when it was discussed 5 months ago and she asked for an extra month (so 6 months to get organised and find somewhere else) and DP agreed with no issues.
So we are now 6 weeks before the completion date and she's just told him she's put an offer in on a flat but there is no way it will have all gone through by the arranged completion date. That she still wants the money in her account that day but that she won't be moving out of the house until she has completed on her new flat. This could be 2+ months after the agreed date.
So this means my DP will have to extend his contract on his rental property, will be paying rent and a mortgage all whilst she lives in the house. She's said that she won't be paying any rent (he did mention that the house will legally be his and therefore she will need to pay rent for the time she overstays) and that she will move out when she's ready after she has received the cash and got her new place sorted.

I really needed a rant but also needed u good people of MN to tell me if im BU to be so annoyed. Its set our plans back by God knows how long and financially messed things up for us for those first few months.
How can somebody take the cash then refuse to move out!

OP posts:
Original poster
Madmilkmaid · 13/06/2019 00:58

My him being a softy is more meaning that even though she has had 6 months to plan to move and then has nowhere to go on completion day he might give her a few more weeks etc but after it's all been completed. Then legally it's gonna be more of a nightmare as she will have signed it over and received the money.

OP posts:
FiddlesticksAkimbo · 13/06/2019 01:05

If you really want to get arsey then by not sticking to the completion date which she agreed (and upon the basis of which you have made plans) she is in breach of contract. She is responsible for the reasonably foreseeable consequences, including the cost of you having to alter your tenancy arrangements. If you really want to be arsey. (Her solicitor will advise her of this anyway.)

Original poster
Madmilkmaid · 13/06/2019 01:10

Yeah, don't want to get arsey although having read my replies I can kind of see it looks that way tbh but I really don't.
Just annoyance really that all the plans are now up in the air as she changed her mind again. I'm sure it will work out with solicitors involved.
Tired and awake thinking it all through and I needed a bit of a rant.

OP posts:
SeaToSki · 13/06/2019 01:11

If he is buying the house with no mortgage and no insurance, then he can decide if he wants to complete without vacant possession (ie allowing her to squat there) if there is a mortgage company or he has any buildings insurance, they will have rules about what they will allow and he will have to meet those rules or loose his mortgage and his insurance cover. Its a business deal with legal entities driving it, he cant choose what he would ‘like’

MinnieMountain · 13/06/2019 05:56

His solicitor needs to speak to her solicitor today. Her solicitor will tell her she can't do it.

Personally I'd be physically checking that she's out before agreeing that funds are transferred.

Fleetheart · 13/06/2019 06:10

This is a ridiculous situation. Completion means the process is complete- she gets the money (presumably not an insubstantial sum), and he gets the house.

If she stays - what happens if (perish the thought) the house goes on fire, is damaged in any other way, she is burgled etc? How will that be covered?
What means will he have to get her to leave if she simply says no?
Why would he pay rent on somewhere else and she wouldn’t pay to live in the house?
It all sounds crazy and the solicitors absolutely need to ensure that the completion of the sale means that this lady moves out and vacated the property on that same day.

EL8888 · 13/06/2019 06:13

She’s being unreasonable and yeah you need legal advice. Maybe he doesn’t want to go into rented but has already done that. I had to go into rented when my husband and l split up, while he was buying me out of our house. My cynical side thinks there may well be a few changes of her mind going forward

BoneyBackJefferson · 13/06/2019 06:55

So many people desperate to see the man in the wrong, but I can't say that I am surprised.

TheTeenageYears · 13/06/2019 07:16

Having learned first hand how difficult it is to get tenants out of a property even after following all correct procedures I would be urging your DP to think very carefully about the bigger picture here. Have contracts been exchanged? If they have the completion date is set in stone and if there is a mortgage it will require vacant possession. They are no longer legally married so her staying in the house would be a breach of mortgage conditions for your DP, particularly if he charges her rent. If he charges rent and she doesn’t have a rental contract she will have the law on her side. If contracts haven’t been exchanged yet the completion date is moveable. So many property deals go south and the average time to buy a property is so much longer than you think. The ExW has got a great thing going, living in the house for half the mortgage and no rent to pay - no wonder she want stay as long as possible. This needs to be dealt with legally, so not hand over any money to her until she leaves otherwise what incentive does she have to go? She will keep saying just another month again and again if he allows her to stay beyond completion.

ThanksForThatt · 13/06/2019 07:16

A transfer of equity is not the same as a standard conveyancing house sale.

There is no contract and no exchange. Your partner and his ex will sign a transfer stating her share has been transferred to him for X amount. There's no contract to be exchanged or with a clause about vacant possession.

I'm assuming he is remortgaging to redeem the existing charge and buy her out so it would possibly affect your mortgage if she were to stay but even then if she's not an official tenant I'm not sure it would. I'd speak to the lender. Different offers have different conditions.

Your solicitor will ask you for authority before transferring the funds to the exW or her solicitor. I'd refuse until she left.

As I said above, there is no contract like a standard house sale, you do not exchange or 'give vacant possession', it is simply a transfer of legal ownership from one person to another, it does not mean she has to give vacant possession, I wouldn't send any money until she does.

GETTINGLIKEMYMOTHER · 13/06/2019 07:20

Absolutely not! Completion is completion. You could have a hell of a job getting them out.

I agreed to vendors staying just 4 days post completion, since their new house wasn't quite ready - my solicitor had a pink fit when I told him.

DonkeyHohtay · 13/06/2019 07:25

We stayed on in a house we were selling BUT only in very specific circumstances and it took a lot of signing papers at the lawyers.

We were selling to a buy to let landlord, who was buying it for her daughter who was overseas. Our purchase fell through, so she agreed to let us stay 2 months extra and pay rent. This was only possible because she was buying on a buy-to-let mortgage. We had to let someone in to inspect the boiler. We had to sign all sorts of legal documents to prove our purchase was well underway, we had funds, mortgage offer etc.

In short, your partner's ex can't just sell the house and refuse to move out until it suits her. Definitely get legal advice.

Isatis · 13/06/2019 07:29

I'm sure your solicitor will tell hers that the money won't be transferred until she gives vacant possession. It may be worth saying also that your DH will be deducting the extra expenses caused by the delay.

ThanksForThatt · 13/06/2019 07:32

In short, your partner's ex can't just sell the house

She isn't selling the house. Transferring equity is not the same as selling. The exW doesn't even need to be represented by a solicitor in this scenario if she doesn't want to be.

Please speak to your solicitor OP. I am a conveyancer but I also appreciate I'm just an internet stranger to you, transferring equity is NOT the same as a sale.

Bluntness100 · 13/06/2019 07:33

I really wouldn't be giving her any money till she's out. What if the flat purchase falls through? This could really end in disaster.

She doesn't need the money till she completes on the flat, so I'd with hold it.

DontFundHate · 13/06/2019 07:35

Gesture of good will - can she swap with your dp.and rent his current place (so no need to look for somewhere), and you both move in. All officially done of course

Kintan · 13/06/2019 07:38

Would your DP be able to deduct the rental amount from the balance he is transferring to her?

HeddaGarbled did you actually read the OP? Or are you one of those people who think a first wife can do no wrong?

Missingstreetlife · 13/06/2019 08:50

No, she can move out, complete sale and get money, or delay completion, not move out, no money. Who is paying bills, mortgage etc? Cf.

Dungeondragon15 · 13/06/2019 09:04

It could be expensive and potentially risky for him to let her stay in the house after completion. It may be months until she moves out and he will be responsible for mortgage and probably higher insurance costs during that time.
He should speak to his solicitor who will speak to her solicitor. If she needs to stay for longer they need to extend the completion date and she needs to accept that she won't get the money. She can't have her cake and eat it.

Piffle11 · 13/06/2019 09:11

NOOOOOO!!!! Once completion has taken place your DP is the sole owner, and if she's still there without any legal documentation (rental agreement) he could really struggle to get her out. I used to work in an EA and the amount of time someone selling their property would be telling us they were going to 'hang on to the keys as my purchase hasn't gone through' - even their own solicitor was telling them that they couldn't do this, they no longer owned the property. He needs to move completion date - get him to speak to his solicitor and he needs to be doing it NOW.

Dungeondragon15 · 13/06/2019 09:23

I see above that this is "transferring equity" rather than a normal house sale so different rules will apply. It's a but confusing to mention completion dates etc OP.

He should speak to a solicitor as otherwise she will stay while he pays the mortgage. If she doesn't move out then she shouldn't have the money.
www.thelawsuperstore.co.uk/personal/blog/transfer-of-equity-process

SlothMama · 13/06/2019 10:40

She's had amble time to move out, under no circumstances should she receive the money before she is out of the house. She is taking the piss, your DP needs to be firmer with her. At this point solicitors need to be getting involved, if she doesn't move out by the agreed date I'd be charging her rent.

Chloemol · 13/06/2019 11:03

You simply mustn’t complete with her in the house. You need to go back to solicitors and advise them that she is now buying and everything needs to link in together same day on both properties.

Original poster
Madmilkmaid · 13/06/2019 12:51

Thanksfor thatt
Thank you for ur advice. Yes it's a transfer of equity. They have been calling it the completion date as in the day agreed in advance when she will vacate the house, hand over keys, sign over her share of equity and his solicitor transfer the money to her.
DP is going to update his solicitors this afternnon about her refusing to move out on completion.
Thank u for all the replies. Appreciate it.

OP posts:
Dungeondragon15 · 13/06/2019 14:05

If she is buying a new flat then presumably she has a solicitor. Hopefully this will make things easier as his solicitor can liaise with hers so that everything is completed on the same day. I can't see why she would need the money in advance.

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