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Am I required to instruct a solicitor to be bought out?

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  • Am I required to instruct a solicitor to be bought out?

    Hi,*

    Just after a bit of advice if possible. Myself and my ex partner jointly own a property which we bought only around a year ago, with a 10% deposit and the rest on a 50/50 mortgage. Due to the short amount of time we’ve owned the property there is very little for us to share out. I have agreed to let him buy me out of the house and to transfer ownership to him. We have agreed a sum, I have accepted this and we’ve agreed what furniture I’ll be taking.*

    My ex has instructed a solicitor who is now insisting that I have to instruct one myself in order to proceed. I understand it would be wise to get legal advice myself however the amount we have agreed is fair and there’s very little for there to be any conflict over due to there being no equity in the property because we’ve not long bought it. Initially he advised I seek legal advice but now he is refusing to represent my ex if I don’t have my own representation.*


    I’ve done a bit of research and can’t see that it’s an obligation for me to instruct a solicitor and wish to keep costs to a minimum, so legal fees are not really something I want to pay if not necessary. As far as I was aware this would be quite a simple process with a very small amount of money to be transferred and that his solicitor could sort the transfer of deeds and the mortgage company would sort taking me off the mortgage.*

    Any advice is appreciated, thank you.*
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  • #2
    There is no obligation to instruct a solicitor but you have a right to be represented. The transfer of deeds and equity can become complicated so it is advised that you look into instructing a solicitor because unfortunately, solicitors can only act on behalf of one party in a legal case. This means that, when changing the deeds, the solicitor instructed by your ex, can only act in his interest. Some firms of solicitors offer a free half an hour of advice so it is worth asking if they offer this service.* Ultimately it is your decision but if you do want to instruct a solicitor please see the link provided for guidance.*https://justbeagle.com/search?issue=...r%20family&cp=
    Best of luck.
    I am a law student undertaking work experience on the LegalBeagles forum. My advice is from my own experience only and is given without liability. If in any doubt, please contact a regulated and insured legal professional to seek further advice.

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