Who pays conveyancing fees during divorce?

dan rather

Registered User
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Is there a norm regarding who usuall pays conveyancing fees during divorce when transferring property ?
 

mf1

Frequent Poster
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4,219
Save in very unusual circumstances, each party bears all of their own costs.

mf
 

dan rather

Registered User
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37
Save in very unusual circumstances, each party bears all of their own costs.

mf
what does this mean? That the person transferring the property over to the person who will remain the sole owner pays to have the property transferred in all but very unusual cases?
 

mf1

Frequent Poster
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4,219
Both parties pay their own solicitor to do whatever is needed to be done by each.

Without knowing your circumstances or the issues/assets/liabilities etc. in your case, it is not possible to put it any further.

I suggest that you talk to your own solicitor.

mf
 

dan rather

Registered User
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37
Both parties pay their own solicitor to do whatever is needed to be done by each.

Without knowing your circumstances or the issues/assets/liabilities etc. in your case, it is not possible to put it any further.

I suggest that you talk to your own solicitor.

mf
my own solicitor told me its normal that I pay to have the property deeds transferred over to my name only, I trusted him, now i get a letter in my door from their solicitor stating I will owe them for the conveyancing
 

mf1

Frequent Poster
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4,219
Why are you getting any correspondence from the other side's solicitors?

They should only correspond with your solicitor.

Was there a Court Order ordering you to pay any of the other side's costs?

Was there an agreement made that you would pay any of your ex's costs?

mf
 

Leo

Moderator
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10,251
my own solicitor told me its normal that I pay to have the property deeds transferred over to my name only, I trusted him, now i get a letter in my door from their solicitor stating I will owe them for the conveyancing
Your solicitor was and is right, it is normal that you pay those costs. It's also normal that they other party pay their own costs unless there was an agreement that you would cover them. You're under no obligation to pay unless such a deal was agreed.
 

dan rather

Registered User
Messages
37
Why are you getting any correspondence from the other side's solicitors?

They should only correspond with your solicitor.

Was there a Court Order ordering you to pay any of the other side's costs?

Was there an agreement made that you would pay any of your ex's costs?

mf
the letter was attached to a letter from my solicitor , I agreed in the separation agreement that I would bare the costs of the transfer, my solicitor told me this was normal, again I trusted him
 

mf1

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4,219
"I agreed in the separation agreement that I would bare the costs of the transfer "

By the end of this drip feeding, we'll work out why, based on all your circumstances, you agreed to pay the costs.

Presumably, there was an overall settlement and this was factored in.



mf
 

dan rather

Registered User
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37
Your solicitor was and is right, it is normal that you pay those costs. It's also normal that they other party pay their own costs unless there was an agreement that you would cover them. You're under no obligation to pay unless such a deal was agreed.
I agreed in the separation agreement to bare the costs of the transfer , the solicitor told me this was normal, I trusted this, do you mean to say I have to pay to have the other side name removed and they usually have to pay to have something done also? Sounds like I'm paying for everything
 

dan rather

Registered User
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37
"I agreed in the separation agreement that I would bare the costs of the transfer "

By the end of this drip feeding, we'll work out why, based on all your circumstances, you agreed to pay the costs.

Presumably, there was an overall settlement and this was factored in.



mf
yes there was an agreement to transfer monies in exchange for the property equity , that's about it
 

Leo

Moderator
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10,251
I agreed in the separation agreement to bare the costs of the transfer , the solicitor told me this was normal, I trusted this, do you mean to say I have to pay to have the other side name removed and they usually have to pay to have something done also? Sounds like I'm paying for everything
Both parties in any property transaction will have costs. By stating you agreed to cover the costs of the transfer, it's reasonable to assume that means covering the other party's costs also.
 

dan rather

Registered User
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37
Both parties in any property transaction will have costs. By stating you agreed to cover the costs of the transfer, it's reasonable to assume that means covering the other party's costs also.
I thought the costs would be the removal of one name, now I'm not sure what else is involved and why I'm paying their solicitors,I'm not sure why my own solicitor is not doing this and I pay them , I'm beginning to realise I asked the wrong question when I asked what was the norm as there is no such thing and I'm paying for stuff I didn't realise i would be
 

Leo

Moderator
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10,251
I thought the costs would be the removal of one name, now I'm not sure what else is involved and why I'm paying their solicitors,I'm not sure why my own solicitor is not doing this and I pay them , I'm beginning to realise I asked the wrong question when I asked what was the norm as there is no such thing and I'm paying for stuff I didn't realise i would be
Your own solicitor cannot act on behalf of the other party, that would result in a conflict of interest. As you have bought property in the past, you should have realised that both parties incur legal fees. It's a bit late now, but a little research on the conveyancing process, or asking more questions of your solicitor at the outset should have clarified all this.
 

dan rather

Registered User
Messages
37
Your own solicitor cannot act on behalf of the other party, that would result in a conflict of interest. As you have bought property in the past, you should have realised that both parties incur legal fees. It's a bit late now, but a little research on the conveyancing process, or asking more questions of your solicitor at the outset should have clarified all this.
Does this mean I will have costs of my own to cover apart from the cost from the other side?
 

Palerider

Frequent Poster
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1,404
Yes they do, it appears you agreed to all costs to get the property transferred to your name solely, your solicitor has done nothing wrong here.
 

dan rather

Registered User
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37
Yes they do, it appears you agreed to all costs to get the property transferred to your name solely, your solicitor has done nothing wrong here.
I agreed to this line reluctantly , questioned this piece of the agreement and why it was in there, but I didn't realise it wasn't the normal thing to do, I asked and was told it was normal , now these posters have made me realize that each party usually pays their own fees and I'm not loaded so this will cost me dearly
 

dan rather

Registered User
Messages
37
Anyway I'm not looking to blame anyone, just would like to know if others did the same, clearly they didn't though so I'll leave it that
 
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