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Navigating co-ownership disputes: What you need to know and how Smith & Co Solicitors can help

At Smith & Co Solicitors, we specialise in equity release transactions and can provide legal advice in a face to face meeting while observing social distancing recommendations. We are also able to answer your questions over the telephone or using online tools such as Skype, Zoom or other virtual options.

To find out whether equity release is right for you, here’s some helpful information for you…

What is equity release?

If you own your own home, equity release is a way of turning some of the equity in your house into cash.

 

Will I still be able to live in my house?

Yes! 

 

Can anyone get equity release on their property?

Generally, the schemes are available to people aged 55 and over.

 

I’ve heard there are different types of schemes. Can you explain it?

There are 2 main types of equity release: –

  • Home reversion: this allows you to sell either part or all of your home to a reversion provider in return for a lump sum or regular payments; or
  • A lifetime mortgage: the mortgage is secured against your home, and the lender will have a legal charge against your property until the loan is repaid. The mortgage is designed to run for the rest of your life. The loan and any accrued interest will be paid back when you die or go into long term care.

 

What are the benefits of securing money through an equity release scheme?

For many people having access to a cash sum and staying in their own home is an attractive offer. And even better, with some plans, there are no regular payments to make.

 

Will the cash sum be taxed?

No.

 

Can I use the cash for anything?

Yes, once you have received your cash lump sum, it’s your choice to spend it as you please.

 

If I’m paying interest on the loan, can I end up paying more back than the value of my house?

No! The ‘no-negative equity guarantee’ means that you’ll never repay more than the value of your home. Your estate will never owe more than the property is worth when it’s sold.

 

How do I go about getting an equity release scheme?

  • first, you need a conversation with an equity release broker/equity release specialist financial advisor;
  • you’ll go through the details of the equity release with your equity release financial advisor at a virtual ‘face to face’ or telephone meeting;
  • a home valuation needs to be done, then an application processed with the lender;
  • an offer is made along with the legal documents to your solicitor;
  • you’ll have a face to face meeting with your solicitor, which can be done while observing social distancing, to sign the equity release documentation; and
  • finally, the funds are released through your solicitor.

 

Is equity release right for me?

 All financial decisions must be given your full attention before making a decision. We recommend you discuss the equity release scheme with your family. It could be you want to provide them with some or all of the cash lump sum. However, you must also consider that releasing equity now will reduce the equity in your property on your death.

Also, if you receive any means-tested benefits, this could have an effect on your entitlement to receive the benefits.

For more information on equity release, call Helen Hendry at Smith & Co Solicitors on 01473 228019.

A smiling young couple standing in front of a property with a 'sold' sign outside.
This guide explains the key steps involved in buying a home and how your solicitor supports you at each stage.

This guide explains the key steps involved in buying a home and how your solicitor supports you at each stage.


1. Starting the process: Mortgage and property search

Before engaging a solicitor, most buyers begin with a mortgage in principle. This is a statement from a lender saying how much they are likely to lend you, which helps you understand your budget.

Once you have a mortgage in principle, you can begin your property search. When you make an offer on a home and it’s accepted, the legal process — conveyancing — officially begins.


2. Instructing a solicitor or licensed conveyancer

Your first legal step is to instruct a solicitor or a licensed conveyancer. Both are qualified to handle property transactions, including more complex legal matters, such as shared ownership or leasehold issues.

Your solicitor will:

Choosing a solicitor with experience in first-time buyer transactions and good communication practices is crucial — they will be your key advisor during the process.


3. Draft contract and property information

The seller’s solicitor will provide a draft contract and a set of documents, including:

Your solicitor will review these documents to ensure there are no red flags, such as disputes over boundaries, unapproved building work, or planning restrictions.


4. Legal searches

Your solicitor will carry out a series of legal searches to uncover any hidden issues. These typically include:

Additional searches may be recommended depending on location, such as mining searches in former coal areas.


5. Raising enquiries

Once all documents and searches are received, your solicitor will raise pre-contract enquiries with the seller’s solicitor. These are detailed legal questions about the property, aiming to clarify or resolve any concerns from the search results or contract documents.

Common enquiries include:

Your solicitor will also:


6. Reviewing the mortgage offer

Your solicitor will also receive a copy of your mortgage offer from your lender. They’ll check:

If you’re using a Help to Buy ISA, Lifetime ISA, or another first-time buyer scheme, your solicitor will also manage the application and drawdown of funds.


7. Signing the contract

Once all enquiries are resolved and your mortgage offer is in place, your solicitor will provide you with:

You’ll also arrange to transfer your deposit to your solicitor (typically 5–10%).


8. Exchange of contracts

This is the point where the transaction becomes legally binding.

Your solicitor will exchange contracts with the seller’s solicitor, meaning:

You’ll also need to arrange buildings insurance from the date of exchange, as you now have a financial interest in the property.


9. Pre-completion steps

Between exchange and completion, your solicitor will:


10. Completion day

On completion day, your solicitor:

This is moving day — you can collect the keys and begin life in your new home!


11. Post-completion tasks

Even after completion, your solicitor’s work isn’t done. They will:

This process can take several weeks depending on Land Registry processing times.


How a solicitor adds value to first-time buyers

Having a solicitor is more than a legal requirement — it’s your protection throughout the process. They help:

Solicitors also offer peace of mind in a process that can be fast-paced and emotionally charged. When delays or legal complications arise (which they often do), a good solicitor can manage expectations and find practical solutions.


Common legal issues for first-time buyers

Here are some typical challenges your solicitor can help navigate:

First-time buyers are also often using help-to-buy schemes, gifted deposits, or family assistance — all of which your solicitor must verify and record properly.


Final thoughts

Buying your first home in England or Wales is exciting, but the legal process can be complex. A solicitor ensures your purchase is smooth, legally sound, and in your best interests. Don’t underestimate their role — they’re not just “paper pushers”, but expert guides helping you make one of the most important financial decisions of your life.

At Smith & Co Solicitors, we believe in delivering excellent client care and full transparency when it comes to pricing. We provide a fixed fee quote and a client care letter that itemises all costs and an estimated timeline.

We are regulated by the Solicitors Regulation Authority (SRA), and have outstanding reviews on Review Solicitors:

482 Reviews of Smith & Co Solicitors rated 4.9/5 in Ipswich | ReviewSolicitors

With the right professional by your side, you can move into your new home with confidence and clarity.

Call 01473 226231 for more information or for a quote.

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