Solicitor fees for selling home?

[cacran]

Approx how much would it cost for solicitors to sell a house? How much do estate agents charge? House value £150,000 There is a mortgage on the house so that would have to be paid off and deeds an Land registry sorted.

[Amethyst]

https://www.which.co.uk/money/mortga...e-a4gmu3n57y9v

so probably a maximum £3000 overall inc EPC, estate agents fees and conveyance.

If the house is still @ £150k there's a mortgage on it of £65k ish can the mortgage be increased to £85k to buy it off the other part owner ( the proposed £20k 'settlement') ? or is it a case that your daughter wouldn't get the mortgage of £85k on her own? Might be worth looking into rather than selling.

[cacran]

https://www.which.co.uk/money/mortga...e-a4gmu3n57y9v

so probably a maximum £3000 overall inc EPC, estate agents fees and conveyance.

If the house is still @ £150k there's a mortgage on it of £65k ish can the mortgage be increased to £85k to buy it off the other part owner ( the proposed £20k 'settlement') ? or is it a case that your daughter wouldn't get the mortgage of £85k on her own? Might be worth looking into rather than selling.

Thank you for your reply.

Daughter doesn't earn enough to get her own mortgage but we are willing to help her out with the money to buy the rest of the house and pay him off. It will use all our savings though which as pensioners, it is not the best outcome. We have to consider out 8 year old Grandaughter though. She is our main concern.

She goes to the local school, and our Daughter works there. It is a lovely area and they are settled. It is hard for the little girl to come to terms with losing who she thought of as a father figure, without losing her home. This is why we are so concerned.

The ex wasn't good. He is begging to go back, full of sorrow for his behaviour, but is on the brink of realisation that it isn't going to happen. He has a very cruel nature. He will make it as difficult as possible, he is trying to trap her into having him back. His way it to make it as financially impossible so that she will do.

She will not sell her soul. He has money and a good paid job. We only helped her out with the money in the first place because he said she would have to pay half the mortgage repayments. We knew that she couldn't afford it.

There was a Deed of Trust to the effect that whatever happened she would get her £75,000 back and he would get his £10,000 back.

Would the Deed of Trust be null and void if the house was sold and fully owed by her?

I am going to the solicitor with her today. We have one hour free to ask questions. We need to make the most of that as she cannot possibly afford to pay solicitors fees.

[Amethyst]

The deed of trust gives them equal rights over the equity ( so 50/50 ) So If the house is sold each gets their original deposit amount back and, after selling costs, the remainder is split 50/50. As there is no equity, or very little as it'd only be anything that has repaid less any early repayment penalties, then it seems your daughter really only has to pay her ex the £10k. That is what wants checking with the solicitor - then on top ask them if he has any claim for work / investment done on the house ( as it hasn't added any value it seems unlikely ). Once sold the deed of trust ends ( again check with the solicitor if it needs to be removed formally )

Has she been paying half the mortgage ? Or has he been paying it all ? Check the position on that re any claim he might have.

Could you also look into joining your daughter in ownership of the house in place of her ex - but rather than just gifting her make it so any further financial help you give her is an investment and you have a similar deed of trust but to your benefit ( so investment amount return then 50/50 equity ) Im not sure on your agreement with your daughter over the original 75k deposit - was that simply a gift ( early inheritance ?)

So you're asking really how she gets him off the ownership of the house and off the mortgage so he has no further claim on it, and whether it's viable/ sensible for you to help her further while ensuring your investment is protected.

She'll also want advice on any contact rights he may have with her daughter going forward.

Your daughter also also wants to look at her finances fully - any joint account, loan, credit cards, car finance etc to make sure she's not left with a pile of debt on her shoulders if he fails to pay. And if she can afford the ongoing mortgage bills / maintenance etc if she keeps the house. Ensure she has all benefits she is entitled to as well.

Her circumstances will improve as her daughter gets older and she can work full time etc. So account for that but don't rely on it. She might also have a new relationship at some point which could result in further remortgaging - in which case you need to ensure your investment is protected.

You also want to consider any potential care fees you may have in the future and what affect that could have if you have joint ownership of the house.

Anyway just some thoughts xxx

[cacran]

Amethyst, I really appreciate your replies. They are very helpful.

My daughter and I have just returned from the free 30 minute chat with the solicitor.

What you said about what she actually needs to pay her ex was reflected in what he said, just the £10,000 which is stated in the Deed of Trust. Whether the ex agrees is another matter. My daughter has asked him to put it in writing what he is hoping for. She is then going to need the service of the solicitor to deal with the legalities. She is afraid that their fees will be too high for her to pay and, to be honest, We would have used so much of our savings to help her, we didn't want these extra expenses. It seems she can get an estimate of costs before deciding to do this. I cannot see there is much choice.

We are considering whether to put a charge against the property or whether to just gift her the money, as we did with the first investment. We have always saved and lived without borrowing, lived within our means. We had the benefit of getting onto the property ladder in the mid 1970's and have been mortgage free for many years.

We helped our son to get his property so have both been fairly treat. They both work in jobs they love but not very well paid. We just want them to be happy and safe before our demise.

We have our granddaughter to consider. She is only eight years old. This breakup has made her feel vulnerable. The ex is not her real father but has been around for seven years. There will be no contact rights.

Ex has been paying the mortgage since the house was purchased in Sept 2016. He left mid November and has paid two payments since. The mortgage was a joint one but in actual fact, it was just for his half of the house. The agreement was that he paid that mortgage. He has savings and a good income.

There are no other debts, loans etc. to contend with.

Universal Credit has been organised and she had her first payment.

As you mentioned, when her daughter is 18, she will then have to get a full time job.

She was very poorly through her pregnancy, the father of the child did not stand by her. She will never have another child as a repeat of that experience would be very serious, health wise.

[cacran]

Just re read this and need to clarify that ex left Mid November 2018.

[cacran]

The ex is contacting our daughter now saying he wants the car he bought for her. He did sell her car, without trying to get a good price for it. This was earlier on in the year. He did it on impulse. Her car needed some work doing on it and she was worried about it. He bought a car ,without her seeing it, from somewhere, (said it was a garage) that was not safe for her to drive, it had had an accident repair which had not been done properly. My husband, a retired mechanic, put the safety issue right. The ex just didn't care that it wasn't safe to drive, wouldn't take it back to seller. Had sold her car on the same day he got the replacement. for a pittance. We were very concerned about him not caring about my daughter and granddaughter being safe.

The solicitor never asked if there were any gifts given during the period they were together. This car was more a headache than a gift.

Ex says he has a solicitor . Daughter asked for an email from him of what he is expecting following the split. That is not forthcoming.

Would it be best if she just got the solicitor to send a communication to him saying what she is offering, the £10,000, that he is owed from the deposit he paid, and go from there? Or, should she wait for something official from him?

She also assumes he has paid the current month's mortgage. He does not want to get into debt, nor does she, but it needs bringing to a swift conclusion.

I am sorry for going on and on about it but it is weighing heavily on us.

[Jinxer]

The ex is just trying to hold your daughter over a barrel. He want's back so it's not in his interest to get this sorted. The car is least of your worries, so don't let that divert you from the main issue of sorting the house. The problem your faced with is it will be hard to force the ex to take any offers if he don't want to, he may even be able to charge your daughter rent. I personally don't think he deserves a penny but if this can't be sorted amicably everyone will lose out. I don't think he can be forced to sell his share if he don't want to either without a Court order.
My ex has still got me over a barrel 15 years later and my house was registered in my sole name and my ex never paid a penny towards it.

[cacran]

The ex is just trying to hold your daughter over a barrel. He want's back so it's not in his interest to get this sorted. The car is least of your worries, so don't let that divert you from the main issue of sorting the house. The problem your faced with is it will be hard to force the ex to take any offers if he don't want to, he may even be able to charge your daughter rent. I personally don't think he deserves a penny but if this can't be sorted amicably everyone will lose out. I don't think he can be forced to sell his share if he don't want to either without a Court order.
My ex has still got me over a barrel 15 years later and my house was registered in my sole name and my ex never paid a penny towards it.

That is awful for you. It does not bear thinking about. I feel sad for you