How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6305
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

My wife and I have bought an apartment in london several years

Resolved Question:

My wife and I have bought an apartment in london several years ago and the property is in my wife entirely. I am presently in Paris. I would like to get some documents which I have no idea about from her regarding this flat so if one day I decide to sell the place I can do so without any problems.

Can I do this with a power of attorney?Is it durable non revocable?
Submitted: 11 months ago.
Category: UK Property Law
Expert:  Thomas replied 11 months ago.
Hi,

Are you saying that you wish to be able to sell the property without requiring your wife to execute (ie. sign) the sale contract and land registry transfer for the property?

Does your wife agree to this?

Kind regards,

Tom
Customer: replied 11 months ago.

When we were aquireing the flat I had verbal understanding with her that I will only decide when ti sell the place.


As you know husbands and wives go through ups and downs so I would like to get position somehow stronger that I can execute this and my rightful claim to my share in the property.


 

Expert:  Thomas replied 11 months ago.
Hi,

Would your wife agree to execute a document giving you the sole right to sell the property?

TOm
Customer: replied 11 months ago.

I think so .What do you have in mind?


 

Expert:  Thomas replied 11 months ago.
Hi

Thanks for your patience.

Usually where there are two owners of a property and they wish to empower one of them to sell the property without requiring the other to execute the necessary documents to effect the sale they would execute a Power of Attorney.

The power of attorney would give you the right to deal and sell the property on your own, so that effectively you would sign the sale contract and land registry transfer both in your sole name and acting as attorney for your wife.

It is for your wife to decide whether she wishes to give you this right.

Ultimately, any proceeds of sale that are realised from any sale would also form part of the matrimonial asset pool of the marriage, over which a matrimonial settlement would have to be reached in the event that you divorced, so it’s not as if you can pocket the money and be free from all complications because the courts have very wife powers when divorcing.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 11 months ago.

Thank you very much for your response. When you " usually when there are two owner of the property" in your last response.


 


Does it apply to me where the flat is solely in her name? By giving me the power of attorney can I aquire the service of solicitors for sale and transfer of title and pay off the mortgage? How can we secure each other rightful claim to the property ? should it be by a contract or post naptual agreement?


 


If so can you do this?


 


Thank you


 


 

Expert:  Thomas replied 11 months ago.
Hi,

Sorry, I must have misread your question.

You can still act as Attorney even though you wife is the sole owner.

If you had the power of attorney then you could market, sell and transfer the property without reference to he.

You would have to negotiate what a fair split of the equity is between yourselves. If you cannot agree then she should not grant you the power of attorney in the first place.

Please remember to rate my answer.

Tom
Customer: replied 11 months ago.

Hi


 


Can you write the power for me or tell me what to do for both the power of attorney and the contract between us. Can you draw these documents yourself and which other solicitor can I contact for that

Expert:  Thomas replied 11 months ago.
No. I cannot accept private instructions from customers of this site, it's part of the conditions of the site.

You should not attempt to do it yourself. Just instruct a solicitor based in the UK to attend to it for you. You can find solicitors via:-
www.lawsociety.org.uk/choosingandusing/findasolicitor.law

I would consider picking one reasonably close to the property.

Please rate my answer. You will agree that I have answered your question.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6305
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Property Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience