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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I am currently split from my ex partner, we are not married,

Resolved Question:

I am currently split from my ex partner, we are not married, but together we own a large house with annex, grooms quarters, stables and land. I have got planning permission to split the house and annex into 2 dwellings, plus the grooms quarters where my ex is living at the moment. We sold a barn off in 1999 and the conveyancing solicitor that we used messed up and gave all rights and easements to the purchasers of the barn. My ex took the conveyancing solicitor to court and got £15k to buy the easements back. He had refused to pay their costs but they were awarded them in court, which due to interest etc etc now amounts to £60k, but due to him denying that he had received any paperwork within the time limit and so the debt has been passed on to me. The conveyancing solicitor has a charge on the property for £60k out of my share of the proceeds. At the moment we are agreeing with my ex for both of us to sign to sell one half of the main dwelling to my current partner for the least amount possible (£1) so he can renovate the property to sell it. The be question is can you see any problems arising from this if my ex is in agreement to doing this. As it would mean basically that part of the property that the conveyancing solicitor have a charge on would be sold but there is not enough money in the sale for them to take out their £60k. Would they be able to contest it? Or is there any legal reason why this can't be done? Many Thanks Jacqui
Submitted: 3 years ago.
Category: Property Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
How much is the half you do not intend to sell worth?
Clare
Customer: replied 3 years ago.

In its present state the annex is probably worth £150k and the Grooms quarters, stables and 8 acres of land around £200k. If they were renovated they could be worth substantially more.

Expert:  Clare replied 3 years ago.
Hi
So there would be sufficient left to cover the Charge?
Clare
Customer: replied 3 years ago.

Hi Clare


Basically because of all the stress and money this has cost us taking this conveyancing solicitor to court, neither me or my ex partner are willing to pay them anything. We agree to sell my new partner half of the main house for £1, the other half of the house, grooms quarters and land etc will be put into my ex partners name as I want no more ties to him. If the mortgage company agree to the sale of the first part of the property being sold and assess that the remainder of the property, (other half of the house, grooms quarters, stables and land ) covers the value easily of what is still owed on the mortgage, then is this achievable? Jacqui

Expert:  Clare replied 3 years ago.
Hi
I am afraid that this will simply not be possible
You cannot avoid the Charge in this way as the Transfer will not be Registered by the Land Registry without the agreement of the solicitors
I am sorry - but there is simply no way around it
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi Clare


Is there anyway at all that we can avoid this charge?

Expert:  Clare replied 3 years ago.
Hi
I am so very very sorry but no there is no way around this if you ever which to dispose of the property in the future
Clare
Clare and 3 other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Clare


When I first said about selling half of the property for £1, you asked how much value was left in the remainder of the property, so does that mean that it is possible to sell the first half so the charge can come out of the remaining property?

Expert:  Clare replied 3 years ago.
Hi
Certainly it is a reasonable proposal to say that you are seeking the release of the charge from PART of the property and this could be granted provided there is enough left in the remainder for your half of the value to cover the charge
Clare
Customer: replied 3 years ago.

Hi would I have to go back to court to achieve this? Who is it that would have to agree to allow this, would it be the judge or the the Solicitors that have the charge on the property?

Expert:  Clare replied 3 years ago.
Hi
The starting point is to ask the Solicitors - if they do not agree then you can apply to the court - but you will need a very good argument for selling at less that the asking price
Clare

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