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Personal Loan


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I have recently sold a property following a relationship break up and now my ex partner is claiming that I owe her for a personal loan from the final profits of the house sale. Our conveyancing solicitor has written to me stating that the house sale profits will be held until a resolution has been made. At this stage I have asked for proof that the personal loan has my name associated with it. How long can the funds be held by the solicitor considering the loan has nothing to do with myself?

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I'm not sure the conveyancer/solicitor has any right to hold on to the sale proceeds. A personal loan would be exactly that - a personal loan against you personally, not a property right enforceable against the property proceeds. Presumably there is nothing on the register about this. I think I would be pushing back against their actions quite strongly.

 

 

I don't think there is any fixed timeframe here.

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my ex has informed the conveyancer/solicitor that the loan was for the benefit for us both....

 

the conveyancer/solicitor has also stated that until the dispute is agreed they will hold the funds!

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In law, there are two types of right. There are personal rights and there are property rights. Unless a loan is secured, it is a personal right ... which means not enforceable against the property. Its a little bit difficult to see how they can be justified into holding onto the funds.

 

It might be worth starting with a formal complaint. This will force them to provide a written response explaining the justification.

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