Debt cautions against inherited property

Land_Registry

Yorkshireman99 wrote: »

All very well but could the LR representative confirm this please?

Unsure if you mean last post or others but here goes

Getmore4less has covered the main points

Probate will be needed to deal with the property, namely transfer it to yourself or sell it. The pre-deceased's share is in the beneficial ownership as stated so that needs to be considered.

If there is a form A restriction on the title then you are likely to have to appoint someone to act with you on any sale to take receipt of the monies. This is because the pe-deceased's interest is in this monies and not the bricks and mortar

If you look to transfer (AS1- Assent) the property as the executor to yourself as the beneficiary then any form A restriction will remain unless you demonstrate how you have become entitled to the pre-deceased's share. That is important as it may hamper you remortgaging as a sole owner. I assume you would remortgage to buy out the pre-deceased's share so needs to be part of the thought process.

The only way to check on the cautions is likely to be contacting the creditors. If the debts are against your partner's share in the property then the Charging order - the myth thread may be helpful. But that really deals with the current process re debts/charging orders and the modern protection of these as form K restrictions

I would focus on the caution entries and who the creditors are and/or what details they provide. You can apply by post for copies if the application forms submitted which may offer more clues e.g. Amounts involved and which court (if any) were involved. If charging orders were issued then it may be worth contacting the court(s) to check on any current details they have?

twinklybongle

Thank you once again for everyone's input. I agree that I need to concentrate on finding out more about the cautions, and thank you to the LR rep for providing the link. I may well start a new thread in the debt forums, once I've spent some time wading through the Charging Order - the myth thread.