Husband is stopping sale of house right to dwell

melanzana

If contracts have been exchanged surely the solicitor acting for the vendor would have noticed this occupancy clause?

There are facts we do not know here. Since we are being asked!

Thrugelmir

Buzz50 wrote: »

My friend is unable to sell her house as her husband has what is apparently an occupancy clause/charge on the deeds of her house.

More likely a restriction.

None at all so far.

Hardly surprising then that the action has been taken.

Late in the day to address the issue.

bobobski

To be honest it sounds like nobody in this story has behaved particularly well. The husband is using the house as a bargaining chip despite knowing that your friend has arranged for its sale. Your friend has tried to sell the house without sorting this stuff out with this guy, potentially costing the purchasers thousands in wasted money, and the purchasers or their solicitors have completely missed a vital piece of information.

If your friend has exchanged contracts, which it sounds like she has, she must sell the house on the completion date or else, worst case scenario, risk court action for specific performance (unlikely if there is something legally preventing the sale). Does the ex realise he is causing legal trouble for her and is this his intention? Perhaps worth discussing with the solicitor keeping the proceeds of the house sale in an escrow account until your friend and the ex sort their stuff out; this may satisfy his desire to cause her problems until she co-operates. Which she should do, fast.

melanzana

Just wondered how the restricted covenant etc. happened?

Would the ex wife have given this to her soon to be ex husband or what?

I'm just curious as to the details. Wife owns house, husband owns house, yet he has a restriction or something.

Would be interested to know how it came about if anyone knows anything similar.

I might guess and say his name was on the mortgage but they were not joint tenants etc. But that is only guessing.

I am still amazed that contracts appear to have been exchanged without either party solicitor noticing this big potential roadblock!

Surely if all parties have signed, there is no going back apart from lots of moolah for the legal profession.
Thanks.

bobobski

melanzana wrote: »

Just wondered how the restricted covenant etc. happened?

Would the ex wife have given this to her soon to be ex husband or what?

I'm just curious as to the details. Wife owns house, husband owns house, yet he has a restriction or something.

Would be interested to know how it came about if anyone knows anything similar.

I might guess and say his name was on the mortgage but they were not joint tenants etc. But that is only guessing.
Thanks.

It sounds like an overriding interest (interest of person in actual occupation), but not. That wouldn't need to be registered by definition, and also he is not in actual occupation. Which means the OP's friend must have agreed to grant him some sort of say over the property. Smart guy. Bad move by OP's friend.

unforeseen

It sounds very much like he has lodged a Matrimonial Homes Rights application at the Land Registry. Good on him, its normally the other way around with the wife tying the ex-hubbie up

http://www.divorce-online.co.uk/divorce-services/family-law-services/matrimonial-home-rights

TBagpuss

It i probably Matrimonial Homes Rights Notice, registered as the property was the matrimonial home but the husband's name isn't on the deeds .
It can be removed by consent, or of a financial order or decree absolute of divorce are made.
The easiest way forward would be for your friend and her husband to agree to allow the sale to complete and that the solicitors dealing with the sale hold the money pending an agreement or order - the solicitor would have to give an undertaking. That would protect the husband's position without delaying the sale.

melanzana

Thanks for the information about the matrimonial homes rights notice.

But seems that wasn't lodged before contracts were exchanged.

Bad medicine.

melanzana

Who would get married these days all the same?

Ominous for some!

AnotherJoe

TBagpuss wrote: »

It i probably Matrimonial Homes Rights Notice, registered as the property was the matrimonial home but the husband's name isn't on the deeds .
It can be removed by consent, or of a financial order or decree absolute of divorce are made.
The easiest way forward would be for your friend and her husband to agree to allow the sale to complete and that the solicitors dealing with the sale hold the money pending an agreement or order - the solicitor would have to give an undertaking. That would protect the husband's position without delaying the sale.

But odds are wife is buying another place so this will scupper things further up the chain.
Wife had better get it sorted one way or another. Can she challenge the order due to the fact it was lodged after contracts have been exchanged? Or maybe that would be more expensive than settling?