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Buying out ex husband’s share

  • Trantan14
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16 Jun 24 #523273 by Trantan14
Topic started by Trantan14
Hi all, just a quick question . I divorced my husband around 3 -4 years ago , did it online myself and then we drafted a Consent Order with solicitors . I was supposed to pay him about 2 years ago according to the consent order but he still lives in the house and we are on good terms and he didn't mind the delay plus he doesn't pay any bills and lives free of charge in the house . We went to solicitors last September so the house ownership can be transferred in my name and 7 months on it has finally been done . However I haven't paid my ex yet . I thought the solicitors would help me to transfer money to him through them. So the question is , am I safe to transfer money directly into my ex's account or I need solicitors so my ex doesn't turn around and says the money I transferred was for something else and I still owe him? He is known to be careless with money even though he is not a bad person

  • .Charles
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17 Jun 24 #523289 by .Charles
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You may have difficulties.

Where a solicitor acts in the transaction they are able to assist with implementation such as receiving payment from you then transferring it to your ex in settlement of the financial agreement.

However, a solicitor cannot be 'used as a bank' which means that you can't instruct a solicitor just to receive funds then transfer them to your ex. This would throw up all sorts of red flags indicating money-laundering and would most likely be against the Solicitors Regulation Authority code of conduct.

What you can do is write out a letter of instruction to you from your ex for him to sign. This can be something along the lines of "please transfer £x into my account number XX, sort code YY, in lieu of the order dated ZZ"

At least then you will have a written indication plus also the bank details that he can provide.

Charles

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