I need some urgent advice before speaking to my useless solicitor on Monday.
I agreed to the sale of the fmh on the understanding that we would have an amicable divorce. We are due to complete a matter of weeks but my ex refuses to pay interim maintenance without stipulating unreasonable conditions. Proceeds of the sale are being held by the solicitors.
I only work part time after spending 6 years at home with our two young children. I cannot pass affordability critirea for a private rental without ex's assistance. We had agreed previously but upon making an offer on a flat and paying nearly holding deposit £600 he reneged on the agreement.
My question is can I refuse to move out of the FMH on completion? And what would happen in that instance? He would be liable for the associated costs of failure to vacate the property as its only his name on the contract etc.
Basically a house sale has 3 parts.
questions, exchange and completion.
You say funds ARE being held by solicitors. What funds as its not sold?
Now comes a very crucial question. One that you should check up on and it could be crucial.
Did you sign any documents to say that you would vacate on sale as this is a standard question on sale documents. If you didn;t it would stop any sale dead as far as a buyer is concerned. (applies to all 18+ year olds living in a property )
If you did then you must consider the consequences. If the house was actually completed as a result of the question and you saying you would leave then you could be hit from many angles.
The first one would be removal of yourself possibly by bailiffs which could affect your chances of ever getting a good credit record or renting a property.
Secondly the buyer could take action against you to recover any costs as they might be in a chain and will have to store goods and maybe live in a hotel.
Thirdly your x might have a claim against you as he will get hit hard by the buyer for costs and will have additional costs as well.
So did you sign to say that you would vacate on completion ?
Just to add a house sale has the 3 components. If it has gone to exchange the buyer is stuck and has to buy the house and will of course claim everything they can if completion is delayed. If your solicitors are holding money it may have gone to exchange.
Ask your solicitor the current situation regarding exchange and completion dates..
We exchanged contracts back in February. We agreed that the funds Will be held upon completion.
My name isn't on the deeds or mortgage so my husband dealt with all matters relating to the sale, on the premise that we would come to a reasonable arrangement for interim maintenance. I didn't sign any documents confirming that I would vacate the property on completion.
It doesn't matter if your name is not on the deeds, As I said houses are usually sold with vacant possession. If you stay you are technically 'squatting' ...in occupation ..so no buyer will complete on those terms .
Unusual that money has changed hands. Estate agents and solicitors do not like to take money up front these days.
Exchanged in February ? Thats unusual as once contracts are exchanged the buyer has to buy and they have to insure the property as they have a liability to buy. They would still have to buy if you set fire to the kitchen with a chip pan !!
Are you sure that there is not some fiddle going on with your x ...like selling it to a mate/girlfriend with the intention of buying it back again? Yes I have seen that done and prices here have risen since February.
That's my point, I want to halt completion until ex agrees on interim maintenance. I have no where to go with my children. I don't earn enough to secure private rental. The council won't house us until we're actually homeless. We have 60k in savings I simply want 8 months rent in advance so I can live until the divorce has been completed.
No money has changed hands. I meant we've agreed to hold funds AFTER the sale has completed.
It's unusual that we negotiated a long period between exchange and completion. That was mainly done so that we had enough time to make the necessary arrangements.