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Removing co owner on property

5 replies

Marmarmarmite · 27/12/2018 23:27

I own a house with my stbxh. As part of the divorce the house will be transferred to my name (and I will make him a lump sum payment). Does he need a solicitor, in addition to the one I have engaged for the conveyancing, to remove his name from the property? My solicitor seems to think he does, but he would rather avoid the expense if possible.

OP posts:
Collaborate · 28/12/2018 00:07

No he doesn't, but he'd have to trust that your solicitor is not going to take advantage of him.

RedHelenB · 28/12/2018 06:44

My ex didn't but he needs to be advised that he should get one.

mistermagpie · 28/12/2018 07:33

I did this with my ex and he didn't have a solicitor (well, he did for the divorce but they didn't do anything with the conveyancing), he pretty much just had to sign a couple of forms for that. It was a lot more complicated than I thought it would be though and I had to basically buy the property all over again.

Xenia · 28/12/2018 10:18

My ex had his own solicitor - I paid for his and for mine - but I don't think iot's a requirement of law in this kind of case unlike eg with a binding employment settlement agreement were the employee must have their own solicitor to make it binding. However he might well be wise to take at least a bit of legal advice in case the settlement as a whole is unfair on him.

If the house has a loan on it the lender however will probably appoint your solicitor to act for the lender and for you.

Marmarmarmite · 31/12/2018 23:34

Thank you. The consent order has been written up and he has had legal advice on that, we just weren't sure if he also needed a solicitor for the actual conveyancing bit.

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