Severence of Tenancy

[Saxxyjo]

I need urgent advice, my fiance and his ex partner have sold their house, in the solicitors dealings when they first split he signed a severence of tenancy in equity agreement. The money is due to be split, and we have had a call from the company holding the money saying that her solicitor has applied to deal with all the money, and his ex partner is saying that because he signed the severence of tenancy agreement he has signed away his share of the house. I was under the impression that this secured his half of the equity of the property. She is saying that he signed his share to his children, this severence document is all tha the has signed. Could somebody please advise me if we are right and he is entitled to this money or if she is trying to pull a fast one.

We have contacted his solicitors who dealt with it but they have not got back to us yet, i am tearing my hair out, this is our future we are banking on, we are getting married in 12 weeks and are relying on this money.

[Ethel]

He should be contacting his own solicitor - not his ex's, who is employed solely to work on her behalf.

[Ethel]

I do apologise - I see you have contacted his solicitor. Sorry,

Phone back and make an appointment to visit him.

[themas]

If what he signed was a document to severe the joint tenancy and to turn it into a tenancy in common then - depending on what the document said - he still owns the % of the house specified and it cannot be sold without his agreement and signature.

If he has signed his share to his children then he is no longer a part owner and his name would not be on the title deed. Is it on there?

You do need his solicitor's advice on what the document he signed actually did.

If he thought at the time he signed that the document was leaving him with x% of the house and it turns out that it does not do so then he may - depending on whether he was misled and who misled him - have a claim in negligence against the solicitor who prepared the document.

[Saxxyjo]

Thank you all for your help, we have again been in touch with the company holding the money, and she has spoken to his ex's solicitor and told her that she will only be getting her share of the money and he will be contacted about his share. So hopefully panic over. His solicitor did confirm that he had not signed anything over to the children, and we now think that she is just presuming he would give his half to the kids. So thank you all again, hopefully will all be sorted out now.