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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10500
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My clients both own a property jointly. Mr and Mrs. As part

Resolved Question:

My clients both own a property jointly. Mr and Mrs. As part of the divorce Mr would not sign the property contract. Mrs has gone to court and the judge has signed the transfer deed on his behalf.
Do Mr & Mrs both have to be part of the sale contract as Mr won't sign?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

On the basis that the Judge has signed the Transfer, then Solicitor for Mrs can proceed and exchange Contracts without Mr signature.

I hope this assists and answers your question.

Kind Regards

AL

Customer: replied 2 years ago.

Thank you. Right so the judge has signed the Transfer Deed on behalf of Mr but not the contract. Just for the avoidance of doubt am I right in thinking that Mr Does not need to be mentioned in the contract? On a practical point of view should a clause saying that the contract and transfer do not merge be inserted as a Special Condition?

The buyers solicitor also believes that the contract should include Mr too. Is there any authortiy to the contrary?

Expert:  Aston Lawyer replied 2 years ago.

Hi,

The Contract will have to include a clause to say that the Court, by way of an Order dated xxx, authorises the Sale on behalf of Mr.

There is no need to put any special condition in the Contract concerning non merger.

Kind Regards

AL

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