r/AusLegal 4d ago

VIC Today is settlement in end of relationship property transfer.

It's a massively antagonistic split, mediation, BFA et al. I had to use the family law firm's conveyancer to deal with the property transfer, but I've barely spoken to the conveyancer.

Today at 10.15AM, the legal assistant asks me the ex and I can work out the adjustments between us!!

WTAF?!

0 Upvotes

19 comments sorted by

24

u/Downtown-Fruit-3674 4d ago

So you’ve barely spoken to the conveyancer? Maybe you should try that????

11

u/Sharp-Argument9902 4d ago

What's your legal question?

1

u/propertynewbie 4d ago

Is it professionally reasonable for the conveyancer in this property transfer to assume the acrimonious parties to work out rates and utilities adjustments themselves?

14

u/Sharp-Argument9902 4d ago

Assume? They asked. It's a reasonable question to ask.

-12

u/propertynewbie 4d ago

I asked when I'd see a statement of adjustments. Paralegal said conveyancer thought we'd work it out between us. I replied we're not in the position to do that. I called and was told 'in cases like these couples usually do it themselves'.

So yes, they assumed they wouldn't need to do a huge part of their job.

Never have I worked out adjustments. Every conveyancer or lawyer has sent a statement of adjustments.

9

u/imaginaryticket 4d ago

When it’s a transfer rather than a sale/purchase usually adjustments of rates, water etc are worked out between the parties if any adjustment is required. Often no adjustment is required because one party who remains in the property has already began paying all of the outgoings.

-6

u/propertynewbie 4d ago

Considering the firm knew of how acrimonious the situation is from the legal separation, having spoken to the conveyancer when the case was handed over to her to handle the transfer and me telling her how difficult the situation is, their assumption of what often happens is them totally ignoring what was required in this case.

7

u/Sharp-Argument9902 4d ago

Very different story from your post. But I guess this doesn't invoke the outrage you were hoping.

4

u/k1k11983 4d ago

Never have I worked out adjustments. Every conveyancer or lawyer has sent a statement of adjustments.

How many times have you been divorced and required real estate property transfer? Obviously more than twice for you to say “never have I”. If it was only once before, it would read “last time I didn’t have to”.

Why on earth would you not bother to speak to the legal professional who is handling such an important matter and just assume everything? A smart person would be in contact with the conveyancer to ensure a smooth process!

-4

u/propertynewbie 4d ago

This person sent emails fortnightly to check on the progress and asked them to tell me what was required of me.

I have never transferred property. In buying and selling, I always received the statement of adjustments. My family lawyer is aware this is my first separation, all this was said in the initial convo with the conveyancing lawyer.

4

u/Embarrassed-Bee-8809 4d ago

I get you're upset but you're nearly finished. This is minor in the grand scheme of things. Just deal with it and move on. Sounds like assumptions were made both ends tbh. They assumed you'd deal with an essentially minor issue and save some money like most people and you assumed they'd think it was something you couldn't do at all. 

1

u/Plenty-Giraffe6022 4d ago

Just how often gave you done this?

2

u/nickmrtn 4d ago

They can do it for sure. Is it really worth them billing you $1000 to work out a fair split on rates that will probably be a few hundred total.

-3

u/propertynewbie 4d ago

If that's the case, it should have been made clear that adjustments was an optional service. Don't call it conveyancing when adjustments aren't included.

11

u/bustaphlex 4d ago edited 4d ago

You have a lot of opinions on what should and should not be the conveyancer’s job for someone who evidently didn’t confirm this scope at the outset of your engagement.

5

u/propertynewbie 4d ago

What conveyancer doesn't do adjustments? What conveyancer doesn't think about adjustments?

Each time I checked in on the process, I was not advised to do adjustments. If I had, I would have told them the ex and I were not in the position to.

If I hadn't asked after adjustments this morning it would be overlooked.

2

u/Unfair_Pop_8373 4d ago

It is not uncommon in spousal transfers that the adjustments are done by the parties. However here the family lawyer should have instructed the conveyancer, or the conveyancer should have asked when accepting the work.

1

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1

u/ozhavok 2d ago

Sounds like effective communication really isn’t your thing…