Change name on deeds

[Devon lass]

It was agreed that a property abroad should belong to my husband during break up of the assets.  The solicitor failed to make a financial order and it has just come to light tha the deeds still hold his ex-wife's name.  Bearing in mind the his solicitors letter stating she had received her share of the assets and hers confirming that she would not be seeking further capital provision having been provided with a house, what is the procedure to get her name removed.  Does this constitute negligence on his solicitor's part?

[Didwot]

As the property is abroad (I assume you mean not in the UK) the proceedure for transfering the property into his name will be governed by the laws of the country where the property is situated.
The solicitor appears to have failed to do something that he should have, and that may well be breach of contract, or potentially negligence, but your husband will only be able to recover any losses that he has actually incurred, so if it can all be sorted at out at the price it would have cost when it should have been done, then there is no claim. remember there is a six year limitation period within which to bring a claim.

[Devon lass]

I assume the six year limitation is from when knowledge of the error was found.

[Didwot]

No, it is from the date of the breach of contract, or the date the loss occured if a negligence matter.
However the period can be extended to three years from the date of learning about the negligence if that gives longer than the 6 years, subject to a maximum of 15 years

[Devon lass]

Thanks for your help - but it appears we have lost �160,000 and can do nothing about it.  I wonder why we ever bothered employing the solicitor in the first place!

[Oneeyedtic]

There are several firms of solicitors who specialise in negligence claims against other solicitors. One such is here, and you will see that they offer 30 minutes of free advice. Rather than believe anything written in AnswerBank it would be better to talk to them for 30 minutes.