ex partners debt and application to register a restriction

fatbelly

This is a bit too specialised for me but the usual form of restriction is form K. This practice sheet explains things but you'll still need help with it:

https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register

Tuesday_Tenor

amberlou wrote: »

Hi
Thank you for your help ...I now have more information.
On the notice from the land registry it has the name and phone number for the solicitors dealing with the claim for the TSB.I phoned and was put through to the person dealing with this case.She said she had sent all details in the post on 29th June.Told her these had not arrived and would give it a couple more days .This information has never turned up in the post so I doubt was ever sent!
In the mean time I had some advise from a lovely guy at national debt line but also from a solicitor at Nelson solicitors who said to ring back the solicitor and tell them to email the details straight away as I need the court date to keep with in the time frame.He said I could deal with this with out going to the expense of a solicitor and gave me some advise over the phone.
This has come through and the debt is for just over 11k and the court date is 25th July.
On the information the land registry sent it says the interim order was granted 30th May but on this information from the court it was granted 29th February?
They are applying for the following

Further information
The judgment creditor asks the court to take account of the following:
The judgment creditor asks that the form of registration be made as follows:
Pursuant to section 46(1) of the Land Registration Act 2002 and r. 19A of the Land Registration Rules 2003 the claimant seeks an order that the court direct the Chief Registrar at H.M. Land Registry to register the following restriction in Form P against Title Number NT42275: No disposition Of the registered estate by the proprietor Of the registered estate or the proprietor of any registered charge, not being a charge registered before the entry of this restriction, is to be registered without a written consent signed by an authorised officer Of TSB Bank Plc Of Henry Duncan House, 120 George Street, Edinburgh, EH2 4LH.

This makes it sound like I would have to ask them if I can sell the house...am I reading this correctly.

She also says in this letter I need to tell her in writing 7 days before the court date my objections nothing about me informing the court of these.

So should I tell the court and land registry and also looking at the situation as written in the opening of this thread what should my objections be and any points on how to voice/write these would be appreciated....I will also be attending the court .

I assume you and ex were never married, as no mention of a divorce/consent order?

You definitely need the legal advice you're getting.

You need to be clear that the creditor can only be interested in ex's 5% of the property.

In my layperson's understanding, I'm not sure what objection you could have to them putting the restriction on. They are not trying to force a sale. They are saying that IF the house is to be sold at any future date they need to be informed (and agreed sale price is reasonable) as they, not ex, have first claim on the ex's 5% of the proceeds of the sale.

I can't actually see anything objectionable about that.

I do understand how worrying getting such a letter out of the blue is for you.

amberlou_2

Tuesday_Tenor wrote: »

I assume you and ex were never married, as no mention of a divorce/consent order?

You definitely need the legal advice you're getting.

You need to be clear that the creditor can only be interested in ex's 5% of the property.

In my layperson's understanding, I'm not sure what objection you could have to them putting the restriction on. They are not trying to force a sale. They are saying that IF the house is to be sold at any future date they need to be informed (and agreed sale price is reasonable) as they, not ex, have first claim on the ex's 5% of the proceeds of the sale.

I can't actually see anything objectionable about that.

I do understand how worrying getting such a letter out of the blue is for you.

Hi
No we were not married
It seems that a restriction in form p means they have to give permission for me to do anything with the property which is my main concern now as that would be very unfair on me it is not my debt.
There is no question that he only owns 5% (which at the moment with the mortgage off is about 5k) this was all set up in 2001.

fatbelly

amberlou wrote: »

Hi
No we were not married
It seems that a restriction in form p means they have to give permission for me to do anything with the property which is my main concern now as that would be very unfair on me it is not my debt.
There is no question that he only owns 5% (which at the moment with the mortgage off is about 5k) this was all set up in 2001.

and the Form K version just means that you have to give them a 'certificate' when you sell. The thread 'Charging Order? The Myth' is mostly about these restrictions and it might be worth asking the regular contributors (Eggbox and LR rep) for their thoughts

https://forums.moneysavingexpert.com/discussion/comment/70961152#Comment_70961152

amberlou_2

fatbelly wrote: »

and the Form K version just means that you have to give them a 'certificate' when you sell. The thread 'Charging Order? The Myth' is mostly about these restrictions and it might be worth asking the regular contributors (Eggbox and LR rep) for their thoughts

https://forums.moneysavingexpert.com/discussion/comment/70961152#Comment_70961152

Thank you I have done that and asked if any one would have a look at this thread and offer any advice (can not post a link so just put in the title)

Tuesday_Tenor

amberlou wrote: »

Hi

It seems that a restriction in form p means they have to give permission for me to do anything with the property which is my main concern now as that would be very unfair on me it is not my debt.

What do you mean by 'do anything'?

If it just means 'sell or dispose of' then you need to bear in mind that such a restriction will be LESS problematical for you than the fact that you say in the opening post that you don't know how to contact ex.

I think you will have difficulty selling the property if he can't sign as a co-owner. I'm sure there will be ways round it, but they will involve solicitors, courts and expense.

Your efforts might be better employed in tracking down ex than in objecting to the restriction.

amberlou_2

Tuesday_Tenor wrote: »

What do you mean by 'do anything'?

If it just means 'sell or dispose of' then you need to bear in mind that such a restriction will be LESS problematical for you than the fact that you say in the opening post that you don't know how to contact ex.

I think you will have difficulty selling the property if he can't sign as a co-owner. I'm sure there will be ways round it, but they will involve solicitors, courts and expense.

Your efforts might be better employed in tracking down ex than in objecting to the restriction.

I mean that a restriction p seems harsher than a restriction k which I have been reading about.As Fatbelly points out you only need to give them a certificate .Even if I find ex and wanted to sell the restriction p seems to mean I would have to get their permission to sell, is a restriction like that not damaging to my interest in the property and is it not out of proportion to his share of the property.

eggbox

amberlou

If you have documents proving the declaration of ownership was set up in 2001 for the 95/5 split, then the 5% is all TSB can hope to attach any Charge against as the declaration pre-dates TSB's action and, therefore, takes priority.

Your main objection to a CO being granted, therefore, should be on the basis of how small the equity your ex has is in the property and which the Charge can attach to. (In relation to what National Debtline advises above about what the restriction may be registered against; its no longer possible to register Charging Orders as equitable charges on jointly owned property. So any Restriction registered can only be against your ex's share or Beneficial Interest)

Whilst I wouldn't hold out much hope of a Form K not being registered, it would be grossly unfair (and disproportionate) to have a Form P Restriction registered under such circumstances.

amberlou_2

eggbox wrote: »

amberlou

If you have documents proving the declaration of ownership was set up in 2001 for the 95/5 split, then the 5% is all TSB can hope to attach any Charge against as the declaration pre-dates TSB's action and, therefore, takes priority.

Your main objection to a CO being granted, therefore, should be on the basis of how small the equity your ex has is in the property and which the Charge can attach to. (In relation to what National Debtline advises above about what the restriction may be registered against; its no longer possible to register Charging Orders as equitable charges on jointly owned property. So any Restriction registered can only be against your ex's share or Beneficial Interest)

Whilst I wouldn't hold out much hope of a Form K not being registered, it would be grossly unfair (and disproportionate) to have a Form P Restriction registered under such circumstances.

Thank you so much for your help
I have said in my letter to the court that my understanding of the form p restriction is limited but it seems rather unfair to myself and family.I will go to the court date and see what happens

eggbox

amberlou wrote: »

Thank you so much for your help
I have said in my letter to the court that my understanding of the form p restriction is limited but it seems rather unfair to myself and family.I will go to the court date and see what happens

No problem and do make sure you have all the details of the declaration to hand when you go to Court.