Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
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.

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 🤦‍♀️

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.

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/

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.

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:
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:
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.

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'.

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.

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.

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

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.

FOJN · 15/03/2025 22:10

I don't understand OP. You are choosing to communicate with your ex, the buyer of the house, the estate agent and now his conveyancing solicitor as if any of these people are remotely interested in protecting your interests.

Did you handle the financial order yourself or did you use a Solicitor?

I'm starting to think you have had minimal, if any, qualified legal advice and are now worried about how much it might cost to sort this out. The longer you leave it, the more it will cost. Your current inaction could cost you the proceeds from the sale of the house which is quite reckless if you need it to buy another house for you and your children.

Please do not delay in getting legal advice.

BreastfeedingWedding · 15/03/2025 22:17

Wow this is mental!

I thought this was going to be about a gentlemen’s agreement. We had one to access between exchange and completion to move. Its irregular but not unheard of.

This is absolutely insane. Doesn’t sound like you have exchanged. None of it is adding up. Can’t have searches outstanding and then be exchanging. Can’t be pissed about Jan when its her lawyers holding everything up.

You need legal advice!

Justhere65 · 15/03/2025 22:21

RealEagle · 15/03/2025 19:26

This is not right at all ,keys are never given until completion,change those locks

I would also change the locks. Have you had a charge put against the property with the land registry?
I did that with our matrimonial property once.

Justhere65 · 15/03/2025 22:24

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.

Why wait until the 25th? I would be sorting it urgently. Do you have a solicitor?

AlinaRawlings · 15/03/2025 22:25

Thankyou everyone, I will get legal advice on Monday. I have been trying to save on paying for it as I spent a lot at the beginning when he essentially kidnapped our children and I had to then get a child arrangements order to get them back which I did very quickly. I then spent money putting the homes rights notice in place so I allowed his solicitor to draw up the financial order by consent which I am happy with except now I don’t have a solicitor. I tried to get one at the beginning of the sales process but nobody wanted to touch it as they couldn’t agree if it was a conveyancing solicitor or family law that I needed. It took weeks to even get to that point. I just feel so done with it all and like I’ve spent thousands to get no where. I do realise that this isn’t something to mess about with though and that I am now in a very vulnerable position so I will at the very minimum get a solicitor to start speaking to his solicitor about where the proceeds go when it does eventually complete- wether with her or another buyer.

Again, thankyou all for the advice x

OP posts:
Globules · 15/03/2025 22:34

I feel your pain.

Acrimonious split with XH. XH allowed our buyer to move things in before exchange. There was still a mountain of our stuff in the house.

Estate agents said I was the one blocking the sale by complaining about it. The buyer had told them they'd been let down by their removal company, so needed to move things in bit by bit. Never heard such a crock of shit.

I felt gaslighted by telling the EA I wasn't happy about it at all. They kept on that it was needed for the sale. The solicitor dealing with the sale didn't care.

Awful time. Last time I went in the house was late on the day before completion. I had to fight through their stuff to get to ours. Looked like XH had made a deal with them that he'd leave loads of crap in the house that he didn't want to deal with as a swap for them moving their property in pre exchange.

Fingers crossed it'll be over for you soon OP.

OhCalmTheFuckDownMargaret · 15/03/2025 22:34

Justhere65 · 15/03/2025 22:21

I would also change the locks. Have you had a charge put against the property with the land registry?
I did that with our matrimonial property once.

How do you change the locks on someone else’s property? The house belongs to OPs ex. The sale is between her ex and the buyer. It isn’t OPs house to change the locks on.

FOJN · 15/03/2025 22:47

I then spent money putting the homes rights notice in place so I allowed his solicitor to draw up the financial order by consent which I am happy with except now I don’t have a solicitor.

OP I'm so sorry I don't mean to harangue you but this is so wrong in so many ways. If your ex has a high income and a large amount of assets you should have been able to exit the marriage with enough to comfortably provide a decent home for you and the children.

PLEASE STOP DANCING TO THE TUNE OF PEOPLE YOU ARE NOT PAYING TO PROTECT YOUR INTERESTS.

The situation must seem daunting at this point but its not necessarily unsalvageable. You may find your ex messes you around far less if he's having to deal with your solicitor.

Gather all your documentation. Write a timeline of events and detail all the people who dealt with the financial order. Book an appointment with a Solicitor and tell them everything. I can understand that burying your head in the sand and hoping for the best might be appealing but you need help.

I'd guess your ex was abusive for much of your marriage and you just want to sort things without antagonising him but it won't help you in the long run. I think you need a rottweiler of a solicitor to put him in his place. Once you have a solicitor you do not need to speak to him at all about the financial arrangements.

AlinaRawlings · 15/03/2025 22:50

Globules · 15/03/2025 22:34

I feel your pain.

Acrimonious split with XH. XH allowed our buyer to move things in before exchange. There was still a mountain of our stuff in the house.

Estate agents said I was the one blocking the sale by complaining about it. The buyer had told them they'd been let down by their removal company, so needed to move things in bit by bit. Never heard such a crock of shit.

I felt gaslighted by telling the EA I wasn't happy about it at all. They kept on that it was needed for the sale. The solicitor dealing with the sale didn't care.

Awful time. Last time I went in the house was late on the day before completion. I had to fight through their stuff to get to ours. Looked like XH had made a deal with them that he'd leave loads of crap in the house that he didn't want to deal with as a swap for them moving their property in pre exchange.

Fingers crossed it'll be over for you soon OP.

Wow this sounds like exactly the same scenario! I’m glad to see that it worked out for you and hopeful it will work out for me too.

At this point if she pulls out she pulls out, I have enough gaslighting from him I didn’t need it from her too. I won’t be conversing with her going forwards I will take advice and let it play out.

OP posts:
AlinaRawlings · 15/03/2025 22:53

FOJN · 15/03/2025 22:47

I then spent money putting the homes rights notice in place so I allowed his solicitor to draw up the financial order by consent which I am happy with except now I don’t have a solicitor.

OP I'm so sorry I don't mean to harangue you but this is so wrong in so many ways. If your ex has a high income and a large amount of assets you should have been able to exit the marriage with enough to comfortably provide a decent home for you and the children.

PLEASE STOP DANCING TO THE TUNE OF PEOPLE YOU ARE NOT PAYING TO PROTECT YOUR INTERESTS.

The situation must seem daunting at this point but its not necessarily unsalvageable. You may find your ex messes you around far less if he's having to deal with your solicitor.

Gather all your documentation. Write a timeline of events and detail all the people who dealt with the financial order. Book an appointment with a Solicitor and tell them everything. I can understand that burying your head in the sand and hoping for the best might be appealing but you need help.

I'd guess your ex was abusive for much of your marriage and you just want to sort things without antagonising him but it won't help you in the long run. I think you need a rottweiler of a solicitor to put him in his place. Once you have a solicitor you do not need to speak to him at all about the financial arrangements.

This is exactly what I need! TBH I have been a massive mug (whilst he calls me unreasonable and demands more and more of me). It’s been a rough time but I am so close to the end…at least in financial terms, then I’ll only have to deal with his parenting problems but that’s a whole other thread!

OP posts:
Spirallingdownwards · 15/03/2025 23:04

PomPomSugar · 15/03/2025 21:42

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.

This ^^^

speak to your divorce lawyer and get it back on the register asap

INeedAnotherName · 15/03/2025 23:20

You are being conned.

Stop believing your ex. Stop believing a random stranger who cannot prove they are a judge, she could be his girlfriend. Stop believing a solicitor who is paid to shaft you because he is representing your ex, not you.

Get your own solicitor Monday morning. Speak to the estate agent Monday morning. Get the home rights notice added Monday morning too. Otherwise you are going to lose EVERYTHING. The house sale money should be going to the conveyancing solicitor - do they know they have to send it to you? Do they have your banking details? If it goes to ex then it's gone, and your paperwork will mean absolutely nothing unless you can afford to take him to court for years? Easier to protect yourself now than chase your diminishing rights later.

I repeat - you are being conned.

Swipe left for the next trending thread