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Signing over a property-agreement template?

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  • Signing over a property-agreement template?

    Hi
    Following on from this thread
    baliff action pending for sisters estranged husband-help

    My sister has at last been granted her Nisi but, and correct me if I am wrong, we are holding off on the absolute until we can get the property situation sorted. This is the only issue, no children etc etc.
    Her estranged husband persuaded her to remortgage the house she had owned for some years before they married, shortly after he left her and has not returned. This meant that both names are on the deeds and the mortgage, the mortgage company will not take his name of it. I think they have now been apart since 2009. We can sort the mortgage situation in the long term
    To get the property signed over I am told they need to attend mediation before going to court unless they are in agreement, and they are. He has agreed that he wants no part of the/her property and is willing to sign a document to that effect and walk away.
    Can anyone point me to, or supply me, a draft of such a document, that will be acceptable to supply to the court, or can I make my own up for him to sign?
    Sister has been using an "on line" solicitor who has proved less than helpful on this matter.
    Tags: None

  • #2
    Re: Signing over a property-agreement template?

    Hi again,
    If agreement has been reached I would consider instructing a solicitor to draft the consent order which is then approved by the Court. There are solicitors who will prepare a draft order for a fixed fee where agreement has been reached. Depending on the fee they may also provide advice on whether the Court is likely to approve the order or not.
    Have a look on our sister site justbeagle.com where you can search for fixed fees for preparation of consent orders by specialist family lawyers.
    I am a qualified solicitor and am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

    Comment


    • #3
      Re: Signing over a property-agreement template?

      Originally posted by Peridot View Post
      Hi again,
      If agreement has been reached I would consider instructing a solicitor to draft the consent order which is then approved by the Court. There are solicitors who will prepare a draft order for a fixed fee where agreement has been reached. Depending on the fee they may also provide advice on whether the Court is likely to approve the order or not.
      Have a look on our sister site justbeagle.com where you can search for fixed fees for preparation of consent orders by specialist family lawyers.
      Thank you so much that has made things a lot clearer now.
      I spent almost half an hour on the phone to her Solicitor yesterday, he then sent me 14 pages of letter, forms, charts etc and after spending some time trying to understand my head exploded!!!
      I think he made it complicated to get me to go else where as they had the money for getting her Nisi and didnt want to get involved with this. Even told me that the court they use is in Newport Isle of Wight and we would have to go there to have the case heard as the Judges are more sympathetic to such cases-never heard such bunkum!!!
      I feel happier now, both parties are in agreement over the house, she does not want maintenance but I dont think she can waive this, it has to be set at something silly like £1 a year-correct me if wrong, no children and no pensions etc just the house ownership. I would hope pretty simple now so lets hope they will do it for a fixed fee.Thanks again

      Comment


      • #4
        Re: Signing over a property-agreement template?

        Hi again,
        You don’t have to keep a maintenance claim open. There may be circumstances when it would be sensible, as keeping maintenance open does allow future claims to be made if situations change. It is something family lawyers would suggest their client keep in but equally the other side would argue for it not to be kept in.
        There are always circumstances when it may be sensible as I say but I would suggest maybe getting some advice on this aspect.
        Well done both of you agreeing a settlement between you. Provided it is a fair settlement there shouldn’t be any problems. A few forms to fill in for the Court to be able to make a decision whether to approve the draft order.
        I am a qualified solicitor and am happy to try and assist informally, where needed.

        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

        If in doubt you should always seek professional face to face legal advice.

        Comment

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