Caution on a house

Welshwitch1967

Hi
I split up with my ex at the beginning of April, and put a caution on the house, to safe guard myself, he has sold the house subject to contracts changing hands, but I have not heard anything from his solicitors regarding my caution.
Would you be able to tell me where I stand, and would we have to go to some kind of mediation to sort out a settlement before the house can be finalised?

daisiegg

I'm afraid I am no use because I don't know what that even means (!). There are lots of really helpful and knowledgeable people on this board certainly, but I wonder if you might also get some good responses if you posted this on the house buying board? http://forums.moneysavingexpert.com/forumdisplay.php?f=16

Good luck!

Pollycat

Is your name on the deeds?

bagpussbear

What's a caution?

peachyprice

Do you mean you registered an interest with the Land Registry?

lika_86

What exactly did you lodge with Land Registry? What sort of interest are you trying to protect?

Mostly you will only be entitled to be notified by the Land Registry when the property is to be registered (so after the sale has been effected), however, solicitors acting for the buyer should usually enquire into things on the title.

It sounds like at the moment it's still very early days and that he has just had an offer on the house that he has accepted.

alleycat`

Do you mean you've placed a "charge" against the property saying that you have a "financial" interest in the property?

This is normally done by companies when you owe them money so that if a sale goes through they get "their slice" from the sale?

Pollycat

alleycat` wrote: »

Do you mean you've placed a "charge" against the property saying that you have a "financial" interest in the property?

A 'caution' is not the same as a 'charge'.

Here's a quote from a closed thread on MSE dating back to Oct 2006 - not sure how accurate it is:

It is my understanding that a charge is registered against a property by a person who has money secured against it owed to them, ie a mortgage or a secured loan. The property cannot be transferred or sold without their consent or evidence that the charge has been repaid.

A caution is slightly different in that any person who has an interest in a property can register a caution (eg trustee in bankruptcy, former partner, debtor etc) so a wider range of people can apply. They property cannot be transferred without notice being sent to the person registering the caution but they do not necessarily have to give their consent to remove the caution (unlike a charge).

FBaby

You need to give more details. How did you get that 'caution' granted? Was it by a judge? Can it be assumed you are not on the deeds if you had to resort to this action (as clearly the house couldn't be sold without your consent otherwise).

I would be surprise if you can just 'put a caution on a house' and that would prevent an owner from selling their house, or everyone could take that action just our of spite. I assume you need to get this granted by a judge and have a good reason for the judge to grant it (say you put a deposit on the house but never protected it). If this is the case, I would think the best thing would be to write to the solicitor with a copy of the judgement, reminding him that no contract can be signed without you being aware of the sale....except that you are aware of it, and a caution seems to only be that, making you aware, so if that is the case, not sure what it would accomplish, unless the caution stipulated something else?

Land_Registry

Welshwitch1967 wrote: »

Hi
I split up with my ex at the beginning of April, and put a caution on the house, to safe guard myself, he has sold the house subject to contracts changing hands, but I have not heard anything from his solicitors regarding my caution.
Would you be able to tell me where I stand, and would we have to go to some kind of mediation to sort out a settlement before the house can be finalised?

As others have posted some additional clarity is required to ensure the right advice is provided. My post only relates to properties in England & Wales and registered.

From what you have posted I can clarify the following though
A caution is an 'old' form of entry made to protect an interest in a property - old as in pre 2002/3 when the current Land Registration Act came into force.

IF the property is registered in his sole name then it is possible that you have protected your interest under the Family Law Act (previously referred to as the Matrimonial Homes Act). Our Public Guide 4 provides guidance around this.

Your post refers to your splitting from your ex though which implies that you are no longer married i.e. divorced. If that is the case then you should seek legal advice as the divorce may have negated your rights of occupation.

In general a buyer/lender would not purchase or lend against the property whilst someone had legal rights of occupation.

Clarification or confirmation that the above does apply would be helpful here.

Guest101

What financial interest do you have to the property? and was this an ex husband or ex boyfriend?