Please can someone advise urgently - conveyancing issue

[StupidlyStuck]

I’ll try and keep this short. The situation is:
I have separated from my husband, still living together though, until I buy another property. I applied for a mortgage and it was agreed, and the deposit came partly from some of my savings and partly from my husband buying me out of our house (using money his mum gifted him).
Unfortunately my solicitor has wrongly advised my mortgage company that my mother in law gifted me the money (not my husband) and the mortgage company was unhappy with this. With a lot of to-ing and fro-ing involving my financial adviser sticking up for me too, we got the lender to agree to this as long as some disclaimers were sought from husband and MIL, a gifted deposit form was completed, and then the solicitor gave a confirmation that in their opinion, neither my mother in law nor my husband has a claim on the property, nor is there a problem with the fact we’ve not started divorce proceedings yet.
We’ve done the disclaimers (saying that MIL and husband will have no claim on the house), and the form, but my solicitor has come back to me today to say that they’re unable to confirm the rest of it in case of divorce proceedings in the future ordering something else, (although they have stated this is really unlikely and they also do agree with the disclaimers my husband and MIL have signed).
So the mortgage company now cannot proceed because the solicitor is refusing to say that in their opinion, the charge on the house is safe, despite the disclaimers and gifted deposit form.
I feel totally stuck, and that this has been caused by the solicitor firstly falsely reporting a gift from MIL to me and then refusing to back up their disclaimers and the form.
Essentially my husband has more equity in the house (gifted by his mum), I have cash instead of house equity yet I’m being blocked from using it?
Please can someone advise me on what to do - I’m at the end of my tether with it all and feel so helpless.
Thank you

I forgot to say, my take on this is that the mortgage company were perfectly happy until the solicitor reported the gift wrongly, therefore surely the solicitor should be doing what they can to fix this? None of these requests would have been made if the mistake hadn’t been made so surely the solicitor should be making amends on this, not refusing? They are now agreeing with me that it’s not a gift to me, by the way.

I've not got any legal advice, but could be be possible to just to find another solicitor and start the mortgage application process again from scratch?

You need to sort the financial settlement for your divorce. Why has this not been done and why are you buying before you have divorced? Remember your conveyancing solicitor is acting for the mortgage company and you so until the finances around your divorce are sorted they are being cautious.

Presumably until you have the financial settlement settled as part of the divorce, there IS a risk, form the mortgage company's pov- and your solicitor's.

Solicitor's work according to what could happen, not what you intend or want to happen. You could theoretically change your mind and go back to your marriage.

But I fully understand why you are so frustrated and exasperated.

(And disclaimer: I am not a lawyer)

I'd be speaking with the managing partner at my solicitors and tell them to sort it out, pronto otherwise I will report the error to the law society as it is unprofessional conduct.

As another poster says, it sounds as if you need to see a family/divorce lawyer quickly today and seek advice to agree your financial consent order for the divorce. It may be the case the conveyancing solicitor (whose primary duty is to the court and law, rather than clients) is being cautious.

Are you sure the equity split in the house is fair for example (before the gifting)? Have you discussed splitting other assets/pensions? Have you got children at all? Is your earning power equal? All of these factors may be relevant in split of equity in the house, as well as any additional maintenance/moving costs/stamp duty.

I would put a hold on buying another property until you have seen a divorce solicitor. Is there a reason you haven’t sought advice yet from a divorce point of view? It is the best way to protect your financial position/ensure the split of everything is fair.