Hi. Appreciate the advice, as I will be the one paying I was trying to avoid 2 solicitors but I understand your reasons. So if I lead as you say and let us assume that my solicitor and her solicitor are in loop that I will be paying off the mortgage in full so as to remove bank from the equation how would this play out. Reason I dont want bank involved is becasue we want it done straight away and with no fuss of banks and paperwork etc.She needs her own solicitor. No solicitor should take it on for both (I’m a solicitor and while I don’t do this area of law there are very clearly conflict of interest issues here). You can lead though. You get your solicitor to draw up the paperwork, deal with the bank etc.
I’d give her the principal back, for the reasons stated above very eloquently. Especially if the house has increased in value. I’d meet her, look her in the eye, agree how you are going to do it, shake her hand on it and hopefully it will stay amicable.
You're a gentleman and thanks for the comments, really helpful. I may not like what I hear at times but I really just want facts. Thank youYou go to your solicitor.
Let them take up the Deeds whether or not the mortgage is paid off. Both owners will have to sign an authority.
They'll prepare the Deed/ Transfer and associated declarations for X to sign.
They'll set out your fees, stamp duty, registration fees, etc.,etc.
I'm thinking you may now have a Capital Acquisitions Tax liability- I'm no expert - you'll need to take tax advice on this
See this link
"because we want it done straight away and with no fuss of banks and paperwork etc. "
Just because you want it done straight away, that does not necessarily happen.
I love when clients "don't want any fuss" - this usually means "I'm not listening to anything you say that I don't like the sound of but I'll be real happy to blame/sue you when what you said that I wouldn't listen to actually happens. "
This really is not that difficult but you take your advices before you finalise matters- not afterwards.
Your solicitor will send the necessary paperwork to her solicitor , she signs it and Bingo!- all sorted.
It's a necessary project- not a conspiracy.
mf
Surely if they are paid off they have no right to any involvement in the processI don't think you can do this without involving the bank in some way.
I am talking about paying bank off for the purposes if cleanly transferring deeds to my name without involvement of bank. I am nit talking about remortgaging the house until the house would be solely in my name. Borrowing from family can enable me to do this and pay them back at a later date@Jonocon12345
You are talking about paying off one mortgage and taking out another one.
If you think that this means that a bank has no "involvement in the process" then good for you.
So she's willing to play ball and you're in such a hurry you're worried about paying a solicitor for her. Way to not get things done properly.No, she actually just wants us both to go into a solicitors office and get it sorted out. She wants to move on and nit have this hanging over her head. She is happy to not have the mortgage to pay. Can it be done with 1 solicitor where there is full consent on both sides.
Is there a facility to private message you on this?You go to your solicitor.
Let them take up the Deeds whether or not the mortgage is paid off. Both owners will have to sign an authority.
They'll prepare the Deed/ Transfer and associated declarations for X to sign.
They'll set out your fees, stamp duty, registration fees, etc.,etc.
I'm thinking you may now have a Capital Acquisitions Tax liability- I'm no expert - you'll need to take tax advice on this
See this link
"because we want it done straight away and with no fuss of banks and paperwork etc. "
Just because you want it done straight away, that does not necessarily happen.
I love when clients "don't want any fuss" - this usually means "I'm not listening to anything you say that I don't like the sound of but I'll be real happy to blame/sue you when what you said that I wouldn't listen to actually happens. "
This really is not that difficult but you take your advices before you finalise matters- not afterwards.
Your solicitor will send the necessary paperwork to her solicitor , she signs it and Bingo!- all sorted.
It's a necessary project- not a conspiracy.
mf
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