Ex buying me out of house- info required re; solicitors

Hello,

My ex is planning to buy me out of our house. It amicable so I wouldnt have thought we needed solicitors.
Anyhow, shes got a solicitor and has been liaising with the banks. To finalise proceedings her solicitor has told her that he needs my solicitors details. She tolf him that it was an amicable arrangement and could he not sort it out. No was the answer, I'll need my own solicitor.
Question is, Do I need a solicitor and why? Can I act as my own solicitor?

Thanks in Advance

I suppose you could ask the solicitor to include a clause that you separately sign that you have been advised that you should get independent legal and advice and that you have chosen to decline to follow that (very sensible) advice. But solicitors are being sued by opportunistic people so regularly that I could understand if he still insisted on it. It would make sense for you to sit down with someone and let them take you through the document so that you understand what you are signing as it is still a big value transasction for you.

The only real value in this transaction is that it allows my name to be taken off the mortgage and I can go about finding somewhere for myself now.
Why would the solicitor be open to being sued?

redbhoy said:

The only real value in this transaction is that it allows my name to be taken off the mortgage and I can go about finding somewhere for myself now.
Why would the solicitor be open to being sued?

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You're not just getting your name off the mortgage. She is buying your half of the house, and you are selling half a house. You need a solicitor.

chrisboy said:

You're not just getting your name off the mortgage. She is buying your half of the house, and you are selling half a house. You need a solicitor.

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Would I need a solicitor if I was selling a car worth 90K? I dont see why I need one.

Hi

Certainly one solicitor is needed. I would not buy a house without a solicitor as I would be unable to check the title or to make sure that it was conveyed properly. I presume that the bank would also insist on a solicitor gving an undertaking that it was done properly.

I think it's no harm to get a solicitor to check that the conveyance has been done properly. You will have to make sure that your name is no longer on the mortgage and I think only a solicitor could confirm all that for you.

Brendan

Thanks for the replies. I think the ex (and the bank) should need the solicitor for reasons mentioned but I cant see why I would need one. I dont suppose anyone would have a rough idea of how much one would likely cost me?

Thanks folks

redbhoy, you need to get independent legal advice for this transaction, your ex's solicitor cannot act on both sides of the transaction, its unethical. I agree with Brendan that its no harm to make sure that your name is off the deeds and that you have no liability re the mortgage, etc (sometimes banks and solicitors don't do things the way you want them done!!). Better off to make sure someone is on your side and looks out for your interest. I can't imagine it will cost too much, but get out the golden pages and ring around a few places and get quotes! Shop around!

You need a solicitor because you need to make sure you are properly off the hook for mortgage etc. You will need solr to review documents and attend to you signing them and delivering all proper declarations etc. You will need solr to advise you re tax implications. You will also need a solicitor to help you reply to requisitions on title raised by your ex's solicitor in respect of your interest in the property.

Your ex's solicitor will not only want to avoid the risk of you claiming you were mislead and avoid doing all the clerical work on your side but will also need replies to requistions he can rely on.

You need a solicitor. No two ways about it.