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Divorce and transfer of equity

3 replies

AustinRd · 19/01/2021 23:21

Hi I have a financial order that allows me to match any offer made on the former matrimonial home. Does anybody know if estate agency fees apply in this instance. Effectively they have marketed and found a buyer but Ultimately the property is being withdrawn from sale and instead it’s become a transfer of equity/remortgage situation. Also can one conveyancing solicitor handle the whole thing or with both my ex and I need separate solicitors? TIA

OP posts:
MarieG10 · 20/01/2021 06:07

My instinct is no because it isn't being sold...but the reality is you have to read what the terms of the contract are with the estate agent and whether provision is made for these circumstances

AustinRd · 20/01/2021 07:44

@MarieG10 despite knowing about the court order and clause the agent makes no reference in their agreement with us. I guess I just need to look at the termination/market withdrawal clauses.
Do you know whether 1 solicitor can complete the transfer of assets?

OP posts:
Avidreader12 · 29/01/2021 07:06

When I went through transfer of equity my solicitor acted for me in the transfer of equity/ remortgage my ex coming of our property/ joint mortgage just had to sign the paperwork written up my solicitor the amount he received we agreed before going to solicitor. They told me he didn’t need a solicitor but if course was entitled to get one if he wanted.

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