Does my ex need a solicitor ?

[Jenmaisey]

So, after years apart we are making it legal and separating out the properties and maintenance( a separate issue I assume .

There appears to be conflicting advice .
I have a solicitor to deal with the divorce, we have agreed on a settlement between ourselves. He doesn’t have a solicitor for that.

I was advised by my solicitor that I needed a conveyancing solicitor, so I have engaged one.

He is remortgaging the house he lives in( which is in joint names) , through a mortgage company, who I assume will do the minimum of work required. He is taking on the remainder of the mortgage on thrhouse I live in, which is in his sole name , into one big mortgage.
he is putting the house I live in into my name.

I have signed two contracts with my conveyancing solicitors , one for tne paperwork on each house.

Think is , my conveyancers say he needs a solicitor. He says he doesn’t as tne mortgage company will do tne work.

Advice please

[R0b]

Hello

First of all, there are two types of people who deal with property - a licensed conveyance and a solicitor who specialises in property law. Your ex doesn't need a solicitor and a properly qualified conveyancer could do the same job perhaps at a cheaper rate, though you get what you pay for.

Second, as far as I'm aware, there is no law that says one must instruct a conveyancer or solicitor for the sale of land or property. Challenge your solicitor on this and ask them to give the the specific legislation that says your ex must instruct one - pretty confident they won't find anything.

People can do their own conveyancing if they so wish but there's obvious risks attached to that. In your ex's case, if he has stated that his mortgage company will deal with it, then that's his choice and your solicitor should not be putting roadblocks in the way. If they refuse to budge, suggest you make a formal complaint and (if you feel it is necessary) threaten to report them to the SRA unless they can justify their actions.

If it's a simple transfer of property into each others names, then that ought to be straightforward than if your ex was purchasing a house they knew nothing about.