Delays in transfer of equity process

[JohnnyMarr]

I'm currently in the process of endeavouring to release Exh from my mortgage, with all equity in the house being transferred to my sole name. This is in accordance with our consent order.

In order for the mortgage to be deemed affordable my dad has gifted me a lump sum to pay off a proportion of my outstanding mortgage balance. The transfer has been approved in principle by my mortgage company, subject to the relevant legalities.

The consent order stipulates that I must release my (sociopathic) ex from the mortgage by the 8th of May. I - perhaps naively - assumed the transfer would essentially be a box ticking exercise, however I instructed a solicitor at the beginning of February and it still hasn't completed.

I last saw my solicitor a week ago, she informed me that as per my consent order, I was responsible for any legal fees incurred by Ex regarding the transfer and she was waiting to hear from his solicitor to confirm how much these would be.

Having heard nothing, I called on Monday to chase and was informed that Ex was seeing his solicitor today and she would update me when she'd heard back from them.

I advised from the outset that I was keen for completion before April 31st when my fixed rate ended. Clearly this hasn't happened and as I'm lowering the balance and extending the term this has resulted in my May payment being three times what it would have been. Moreover, I'm anxious regarding the potential ramifications if we don't complete by the 8th - can anyone tell me what these might be?

Lastly, on (belatedly!) checking my consent order I see no mention of me being liable for Ex's legal fees!

Is it usual for a straightforward transfer to drag on for this long?!

There won’t be any for you if it is your ex that is causing delays. Your post suggests your solicitor is waiting for details on costs as your ex’s solicitor will likely require a costs undertaking from your solicitor. If your consent order doesn’t mention fees then ask your solicitor what section refers to fees. Chances are it does. Whether a transaction is (or appears to be) straightforward is irrelevant. The length of time it takes is going to entirely depend on how quickly both parties, any lender and the solicitors act. If your ex or his solicitors are dragging their feet then 🤷‍♀️

Thank you.

It is indeed entirely possible that the delays are largely due to my ex prevaricating, but my solicitor has confirmed this afternoon that I'm not actually responsible for his legal fees, having previously told both myself and ex's solicitor that I was, so I'm finding the whole thing slightly concerning!