Briefy, we were not married, 2 children with 2 propeties betwen us. We released equty from out first house to put a deposit on the second. The second is now sold subject to contract and the conveyance solicitors are requesting that I go and sign all the exchange / completion documents (they are also representing my ex with regards to the split (finances).
My soicitor has said not to sign uness she ok's it for me. I am not, however she did say in a letter to my ex's solictor that I would let the second house sell and the money be held by the conveyance solicitor until this is all sorted.
I am ignoing calls from the conveyance solicitor because:
1. They may want to pull the wool over my eyes and get me to sign over more than I should.
2. My ex wants to ensure that the chain doesnt become broken and we lose the sale(potentially losing her money!)
3. They have not indicated to my solicitor of the exchange / completion so she can review the contract.
4. They are maybe pushing for the sale so they get paid.
By holding out we could lose the sale or even push my ex into agreeing that I have what I am rightfully owed?
There is a risk that we do lose the sale and we both get nothing (for now).
Unfortunately my original solicitor (which I have now sacked!) did not advise me to get the first house valued and according to a letter that he sent to my ex (back in March) she has what is hers from this sale and she can have the first property. However he did not advise me to get the first house valued and it has approximately £60,000 of equity in it (£30,000 is rightfully mine). She wants the first house (which is rented out - she lives i another house) and her proceeds of the sale of the second property. This will total approximatley £80,000 (£20,00 cash and £60,000 equity plus the house). I will end up with about £40,000!
I think that the central issue is, whether the letter your solicitor sent on your behalf was simply made in the course of negotiations, or whether it was intended as a firm offer - or, put another way, is there a contract or not ?
The answers to the conveyancing questions flow from that. As a secondary issue, did your original solicitors carry out your instructions accurately or not ?
I'm afraid the answer to that question depends very much on the correspondence, and, not having seen it, neither I nor anyone who posts on the site could give you an answer. Is not the obvious course of action to ask your new solicitor to peruse the correspondence and give you an opinion ?
In my reply I asked where your two children are living, with their mother, or with you ? It may be important for me to know the answer.