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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34453
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Trying to purchase a property. For 6 weeks now vendors solicitor,

Customer Question

Trying to purchase a property.
For 6 weeks now vendor's solicitor, after advising vendors estranged wife that, though she still has her married name, leally she is allowed sign documents in her maiden name (they are now divorced), providing she has ID in her maiden name to support it. Title Deed is in married name. This is wrong though as they bought the property before they were married. Title Deed = Taylor, Contract signed = Pollar, proof of divorce provided but no proof of name change. She doesn't want to change her name officially. Told by their solicitor she is at liberty to do this.

What should our solicitor be asking for. We need to complete by next week or our mortgage offer runs out and my age is a major factor for a first time buyer. (51)
Submitted: 3 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

I am a lawyer with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

have you exchanged contracts?

JACUSTOMER-xiaqwk60- :

no

JACUSTOMER-xiaqwk60- :

I have limited time as I have to go to work. I do hope I haven't been charged for this .

JACUSTOMER-xiaqwk60- :

Kind regards

JACUSTOMER-xiaqwk60- :

Can you please confirm that I will not be charged for this service.

LondonlawyerJ :

if you haven't exchanged contracts how are you hoping to complete by next week? Is this lady willing to sign under any name or is she trying to sabotage the sale?

JACUSTOMER-xiaqwk60- :

We were originally hoping to exchange today. Apparently vendor's solicitors cannot contact her, but are also confused as to what she would need to re-sign. she is apparently not the type to sabotage and has been estranged for 7 years.

JACUSTOMER-xiaqwk60- :

I was also advised that one could exchange and complete on the same day if need be.

JACUSTOMER-xiaqwk60- :

We began the whole process back in January. This issue has been a 6 week long problem.

LondonlawyerJ :

In general terms you should be putting her under pressure and threatening to pull out of the purchase unless she stops messing around. if the contracts have not been exchanged ( and in the absence of any binding promises that they will) then there is no legal remedy available. The only option is to put the sellers under worry that they will lose the sale.

LondonlawyerJ :

you can exchange and complete on same day but this is unusual.

JACUSTOMER-xiaqwk60- :

Would you say then that she should really re-sign the contract?

LondonlawyerJ :

What does your solicitor advise about this?

JACUSTOMER-xiaqwk60- :

My solicitor says she should re-sign in her married name. Their solicitor says there's no legal reason to do so.

LondonlawyerJ :

If she has signed the contract, in a name that identifies her, and left instructions to exchange then I would have thought that this would be OK. Does your solicitor advise that this name issue prevents the sale taking place and if so does he say why?

JACUSTOMER-xiaqwk60- :

She (my solicitor) does, yes. She says that Mr Taylor and Mrs Taylor/Pollar are not legally entitled to sell the property as they are not proving that she (Miss Pollar) was the legal owner. By signing Pollar, which is different to the Title Deed (Taylor), she has not shown enough evidence that it's partially her property.

LondonlawyerJ :

OK. All you can do is demand that they remedy the situation or they will lose the sale. You may need to contact your mortgage company to try to extend the time of the offer, but unfortunately without contracts exchanged you can not compel the sale or seek compensation for losses.

LondonlawyerJ :

I am sorry you have rated me as poor service. I appreciate that I have probably not given you the answer that you wanted to hear but I have given you a correct answer. I also responded in chat to your question reasonably quickly. This is not a call centre type instant response service. I would be grateful if you would amend your rating. If you need more information then please let me know.

Expert:  Clare replied 3 years ago.
Hi
In fact the vendors solicitor is correct.
The ex wife is fully entitled to revert to her maiden name and the copy of the Decree Absolute is sufficient evidence of the name change
Clare