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Land Registry - Removing a restriction - Help
SuzyQ79
Posts: 7 Forumite
Hello,
Last year I gained agreement from my ex husband to sign my house over to me, however when this went to the solicitors to be put through, I discovered there was a restriction on the Land Registry against his name only.
I have contacted the company and they refuse to speak to me because it is not in my name. My ex husband is in prison and will be for a long time to come. He hasn’t made any payments against the mortgage for a very long time and has no income because he is in prison.
I am at a loss on how I can get this restriction removed? I want to remove my ex husband from the mortgage so I can add my current partner on and we can sell up and move on!
Any advice would be greatly appreciated. Thanks
Last year I gained agreement from my ex husband to sign my house over to me, however when this went to the solicitors to be put through, I discovered there was a restriction on the Land Registry against his name only.
I have contacted the company and they refuse to speak to me because it is not in my name. My ex husband is in prison and will be for a long time to come. He hasn’t made any payments against the mortgage for a very long time and has no income because he is in prison.
I am at a loss on how I can get this restriction removed? I want to remove my ex husband from the mortgage so I can add my current partner on and we can sell up and move on!
Any advice would be greatly appreciated. Thanks
0
Comments
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What has your solicitor advised?
How about asking your ex to grant you POA?
What do you know about the restriction, if anything?0 -
My solicitor wasn!!!8217;t very helpful hence the question on here!
Contact with my ex is limited so not easy to get POA and what would that entail?
I don!!!8217;t know anything as the legal firm dealing with it refuse to speak to me. Just that it!!!8217;s for £18000 which is stated on the LR !!!55357;!!!56875;0 -
You mean he took out an £18,000 secured loan against the property in his name only?
Is the property currently in his name or both your names?Changing the world, one sarcastic comment at a time.0 -
No, I think it was for his car - but can only guess. It wasn’t anything against the house.
House is in both our names, want to get him off it.0 -
You've misunderstood the question.
Your ex has secured a loan by using the equity in the house as a guarantee. That is what 'secured against the house' means.
The loan needs repaying before the company will release the restriction.
Where is the car now?Everything that is supposed to be in heaven is already here on earth.
0 -
Sounds like it may be a charging order or something similar (i.e. he has failed to pay a debt and they have secured a court judgement and taken a charge against the house).
Can you copy the restriction word for word as there are a variety of different ones in use?0
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