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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10354
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Good morning. My ex husband passed away last November and

Customer Question

Good morning.
My ex husband passed away last November and he lived in our property up until his death, I own legally 25% of the property and still on the deeds of the property. My ex husbands solicitors have put the house up for sale today and I have not been notified of anything regarding this matter, do I have a legal right to know?
Kind regards
Kim Gilbert
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.

Is your name on the Deeds, or do you just have a Charge over the property granting you 25% of the Sale proceeds?

Are you still living in the property?

I look forward to hearin from you.

AL

Customer: replied 2 years ago.
My name is ***** ***** the deeds to my knowledge as I have never been asked to sign any paperwork to be taken off, this also includes the mortgage paperwork. I am not living in the property and haven't done since Oct 2011. It was agreed between my ex husband and myself he would carry on the payments and if ever the property was sold I would get my 25% share.
Kim
Expert:  Aston Lawyer replied 2 years ago.

Hi Kim,

Thanks for your reply.

Well, on the basis that your name is ***** ***** the Deeds (it will be if you are still on the Mortgage), then your ex husband's Solicitor has to contact you before issuing a Contract to the Buyer, as a Solicitor has to take instructions from all the legal owners before acting in a Sale.

I therefore suggest you contact the Estate Agents, to find out which Solicitor is acting, if you don't already know, and then contact the Solicitor,

I hope this assists you but please let me know if you require any further clarification.

Kind Regards

AL

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10354
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Many Thanks for your response, I have just spoken to The estate agentS and they were not aware of my share in the property, I will contact the solicitors on Monday however I have tried to Talk to them on several occasions and they would not talk to me.
Kind regards
Kim
Expert:  Aston Lawyer replied 2 years ago.

Hi Kim,

Thanks for the positive feedback.

Well, they need to speak to you as they aren't entitled to issue a Contract without your authority, and you should tell them as much.

Good luck.

Kind Regards

AL

Customer: replied 2 years ago.

Good morning Aston

I emailed my ex husbands solicitor yesterday regarding this matter, please see below her reply:

Dear *****,

Thank you for your email. I hope you are well.

I am pleased to confirm we have now been able to deal with the final clearance of the property at*****and following this, have been able to make arrangements for the property to be placed on the market for sale. I confirm I met with the estate agents on Monday last week, and I am assuming that a board has now gone up. The agents seem quite confident that the property is an attractive proposition and therefore will attract attention from the right sort of buyers.

You are absolutely right as part owner of the property, you will need to be a party to the sale, and I confirm any negotiations regarding the agreed sale price or any other issues arising will need to be discussed and agreed in due course. You will also need to sign the sale papers. I note you have referred to your own solicitor and I should be grateful if you would confirm whether you would prefer me to contact them directly regarding the matter if they are dealing with these issues on your behalf (in which case can you please let me have their name and address and the contact details for the fee earner dealing with the matter) or whether you are happy for me to contact you directly in relation to the same.

I confirm I have also been receiving correspondence from Santander regarding the mortgage account and I assume they may have been writing to you directly regarding the current status of the mortgage account? They are aware of the situation but there are arrears on the account which will need to be cleared on completion of the sale. The final completion statement will show details of the deductions made when we get to that stage.

Finally, I confirm my secretary has received a message from Elaine Gilbert over the weekend asking whether she should make arrangements to drop the keys back into the office and we have asked her to do so. I wonder if you could confirm whether you are holding any keys to the property still?

Kind regards

Jo

Mrs Jo Caddoo FCILEx

Partner

Rollasons Solicitors


*****/p>

Daventry

Northants

NN11 4BT

Kind Regards

Kim

Expert:  Aston Lawyer replied 2 years ago.

Hi Kim,

That's good to hear.

I will leave it to you as to whether you instruct your own Solicitor to oversee the Sale process, and the signing of the Contract and Land Registry Transfer (your Solicitor is likely to charge approx £300 plus VAT for this work, and which amount Rollastons should agree to pay from the proceeds of Sale ie treat it as a liability, similar to their costs and your Estate Agents costs). Alternatively, if you feel comfortable with liasing with Rollastons yourself, you may feel that you don't require your own Solicitor.

Good luck!

AL

Customer: replied 2 years ago.

Hi Aston

I have gone back to Rollasons and asked why in paragraph 2 of her email she states

You are absolutely right as part owner of the property, you will need to be a party to the sale, and I confirm any negotiations regarding the agreed sale price or any other issues arising will need to be discussed and agreed in due course.

Is this a fair question when I have not been consulted over anything to do with the property, the first I knew of anything was seeing the for sale boards going up.

Kind Regards

Kim

Expert:  Aston Lawyer replied 2 years ago.

Hi Kim,

What they say in their email is indeed correct, in that as joint legal owner, you have to agree to the Sale price and any subsequent price reduction there may be. You will also need to sign the Contract, so if you are unhappy with the Price or anything else, you can delay matters by refusing to sign the Contract.

Really, you should certainly have been notified before the property was placed on the market as you had an equal right to choose which Estate Agents marketed the property. In the hope that you are happy with hteir choice of Agents, they should certainly consult you as and when any offers are made.

Kind Regards

AL

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