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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 4
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am asking a question on behalf of my partner. He divorced

Customer Question

I am asking a question on behalf of my partner. He divorced his ex wife and she bought him out of their house. At this time, things were amicable between them. It was agreed that his name would remain on the mortgage until the deal ran out to stop her getting charged a fee. She is a lawyer and wrote up the minute of agreement for their divorce. They no longer get on and he now has his own lawyer. He has just been told that his partner's mortgage deal has run out and that she has to get his name of the title deeds. This is going to cost my boyfriend £1400 - does this sound right? surely it is not good practice that she wrote the minute of agreement and he would have reason to complain?

Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.
What does the Minute of Agreement say about the transfer of title and the costs of doing the transfer?
The Minute of Agreement prevails even if it was drafted by the wife. He should have taken advice at the time and presumably elected not to do so.
The normal position is that the person who is getting the house pays the legal fees. In addition the costs seem quite high, and a breakdown should be sought.