Can a solicitor refuse to give me my money ?

Associate
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Long story short:

Sold a property, title deeds say my Ex and myself are both due 50% each of the proceeds.

Ex has decided she wants more than me, solicitor won't release the funds because of this...
Although last Thursday I was told by the solicitor that she thought it was unfair to hold the money any longer and would release funds instantly, I'd have the cash by 12:30 next day.

Well I still have no money, no explanation and mysteriously I;ve been unable to get hold of my solicitor. :mad: :mad:
 
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:( Cheers fella.

She's caliming that I agreed to pay the full mortgage and all costs until the property sold.
Now, knowing that I would have to move out at some point while re-payments were still due... I did not agree to this at all. I said I'd pay it while I was living there.

Complications dragged the sale on for longer than expected so 2 months went unpaid as I now have rent to pay. I agreed to pay half while the property was empty (then I paid half of 1 month, she didn't after agreeing to do so, then I couldn't afford it after that). She is now saying that she wants a larger share to compensate for the accrued arrears.

What I don't get is.. The property is sold and the solicitor has paid all debts etc, they now have the money. All debts were in both of our names, the solicitor said "It is unfair of me to hold the money any longer, if she wants to take it further she will need to get a solicitor to take it further"
To me that means the solicitor had no right to hold it in the first place based on one parties greed.

Just waiting for the offices to re-open before yet another pointless call is made :rolleyes:
 
Soldato
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I would imagine that you are right. This solicitor has no rights to hold the money and you should inform them that you will be charging them interest because they are holding money against their mandate. You are also seeking legal advice etc etc..

If you ex wants more money she will HAVE to goto court to get it.
 
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AtreuS said:
I would imagine that you are right. This solicitor has no rights to hold the money and you should inform them that you will be charging them interest because they are holding money against their mandate. You are also seeking legal advice etc etc..

If you ex wants more money she will HAVE to goto court to get it.

The code of conduct forces the solicitor to give you the interest on the money anyway(over a certain amount/over certain time period). So you don't need to worry about that.
 
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Raymond Lin said:
The code of conduct forces the solicitor to give you the interest on the money anyway(over a certain amount/over certain time period). So you don't need to worry about that.


Hmmm, I didn't know that. I doubt it will be a decent ammount but still...
 
Soldato
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Raymond Lin said:
The code of conduct forces the solicitor to give you the interest on the money anyway(over a certain amount/over certain time period). So you don't need to worry about that.


They will no doubt still try and sneak out if it, when we bought our flat it was a right polarva when the bank for some unknown reason sent the money to the solicitor 2 weeks early, we didnt get the interest back for about 2 months after we had moved in and it wasnt easy.
 
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schnipps said:
They will no doubt still try and sneak out if it, when we bought our flat it was a right polarva when the bank for some unknown reason sent the money to the solicitor 2 weeks early, we didnt get the interest back for about 2 months after we had moved in and it wasnt easy.

You did get it back right?

The code of conduct is very clear about this, report them otherwise.
 
Soldato
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Raymond Lin said:
You did get it back right?

The code of conduct is very clear about this, report them otherwise.


Yeah we did get it back eventually after quite a few phone calls and chasing but thats just par for the course with solicitors, house sales etc are usually just small jobs (financially) for them so you get thrown to the back of the queue.
 
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