Consent order, buying out, do I need a solicitor?

[TirisfalPumpkin]

Hello,

I've tried Citizens Advice and 3 solicitor's firms; cannot get a straight answer without spending money. Figured I'd try here.

Am divorcing X, we are between Nisi and Absolute, consent order has been applied for and issued by court, which orders him to sign the house over to me, and me to pay him a lump sum and secure his release from the mortgage within 28 days of Decree Absolute. No kids. Clean break. So far, so good.

Do I need a solicitor to represent me in him signing the house over to me?

I would prefer to have one for protection and less stress, and I initially thought you had to.

The issue is that family are loaning me the money to buy him out and they are adamant I do not need a solicitor for someone else to sign a jointly-owned house over to me, I just need to agree to what his solicitors send. As I'm dependent on the loan from them I feel I either need to do as they say, or produce incontrovertible evidence that you really do need a solicitor to be the buy-out-ee who keeps the house. They would not be paying the solicitor's bill, that would be me, they just want to decide how I do it.

(Appreciate it is a non-ideal situation with my family, but it was either this or lose the house - my job type means it'd be difficult for me to get a mortgage at present. I hope that will change next year and I can then repay their loan. They are always happy to help but it always comes with a side order of control.)

Any help would be appreciated.

Hi. Sorry to hear of your divorce.

Solicitor here (but not family or property, so please do not take this as legal advice). You would need a transfer of his share of the property to you. I would suggest you get a solicitor to do this to ensure it is done correctly, and no problems down the line. The transfer of ownership would then be registered at the Land Registry.

Good luck 🍀

Thank you for the luck. :)

That'd be my preference. It sounds like it is possible to do it without, since he has already appointed sol who will draw up the deed of transfer. Are there any real risks of me doing it that way?

It depends on a number of things:

1 if the property is mortgaged
2 if the property is freehold or leasehold
3 if your parents want a stake, or whether they are loaning or gifting you the money.

It's safest to get legal advice and explain what you need, and get your independent solicitors to do that for you. Your ex-H's sols do not have to protect your interests. And if something goes wrong, solicitors at least have insurance.