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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have recently re-mortgaged a property I shared with my

Customer Question

I have recently re-mortgaged a property I shared with my ex-wife. She is buying a property with the money I have given her. Her conveyancer requested the funds on the 9th August as they were aiming for completion on the 12th August. This didn't happen however the funds were released to them on the 10th August. My ex-wife hasn't completed on her house purchase and is still in my property. The bank think I am residing there and I have house insurance on the property that is probably invalid. My ex-wifes conveyancers as yet do not have a date for her completion and are currently holding £185500 in their account for which I am being charged interest on. I have briefly spoken to the Bank Mortgage manager and he says that I am the legal owner of the house and that it could be classed as a fraudulent transaction. My conveyancers don't seem that interested and have just said we will let you know when we hear anything.
I don't want to start eviction proceedings as it could be long and drawn out, however I have to vacate my flat next Saturday and put all my belongings into storage as my Ex has all her stuff still in the house.
Could this be classed as a fraudulent transaction?
Can I claim my storage expenses from my ex-wife's conveyancer?
Can I request the interest they are earning on the money that I'm paying interest on?
Submitted: 3 months ago.
Category: Law
Expert:  Aston Lawyer replied 3 months ago.

Hi,

Thanks for your enquiry.

In situations like yours, the respective Solicitors would normally only agree to complete once the residing party (your ex wife) was also ready to complete on their related purchase. This is because once the property has been transferred to the one party (you), the other party no longer owns the property and is under a duty to vacate. Was this not discussed/agreed?

Kind Regards

Al

Expert:  Aston Lawyer replied 3 months ago.

Thanks for your reply, which I note you answered by way of a new question.

Has your Solicitor explained to you why he/she sent the monies to your ex wife's Solicitor, without obtaining confirmation that she would indeed vacate on the day the monies were sent? Kind Regards Al

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