PLEASE READ BEFORE POSTING
Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
RX3 or RX4 form?? helpppp

Amy1891
Posts: 2 Newbie
Hi,
I've tried searching within the forum and couldn't quite find the answers, so I apologise in advance if this issue is 'old news' on the forum.
My husband bought his mothers leasehold flat for her and now she has sadly passed away. After notifying Land Registry with DJP form, we got a letter back with Husband names on title deeds but with a restriction on. We were not aware of the restriction or the fact that it was placed due to being tenants in common (hubby thought he bought it as joint tenants!) or maybe even placed by the freeholders?
The restriction is a Form A restriction relating to
“No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.”
and having searched via internet, I believed it was a RX3 and ST5 form that would be required.
It gets complicated....My mother in law had a will in which she states that my husband and (unexpectedly) myself are equal beneficiaries of the flat, and my children would-be beneficiaries in the event that my mother in law should outlive us which would not apply now.
So now as a beneficiary, I am led to believe I need to fill in an RX4 in order to remove the restriction so that my husband can be the sole owner. I don't think its fair for me to have the share given that I put in no financial contributions or lived there, and in hindsight it would be half mine and the kids anyway as we are married.
So with a RX4, do I also need to do a ST5 and evidence of the will?
If not, if its an RX3 form that is required, would I need to provide ST5 for both myself and hubby?
I am fuming at the solicitor who took all that money and not even consulting the buyers of which tenancy they would like. My husband tried to get back in touch with the solicitor, but he has moved on, what's worse, when we enquired to have copies of the paperwork, the solicitors firm could not locate it and so they assumed it would have been destroyed!
I've tried searching within the forum and couldn't quite find the answers, so I apologise in advance if this issue is 'old news' on the forum.
My husband bought his mothers leasehold flat for her and now she has sadly passed away. After notifying Land Registry with DJP form, we got a letter back with Husband names on title deeds but with a restriction on. We were not aware of the restriction or the fact that it was placed due to being tenants in common (hubby thought he bought it as joint tenants!) or maybe even placed by the freeholders?
The restriction is a Form A restriction relating to
“No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.”
and having searched via internet, I believed it was a RX3 and ST5 form that would be required.
It gets complicated....My mother in law had a will in which she states that my husband and (unexpectedly) myself are equal beneficiaries of the flat, and my children would-be beneficiaries in the event that my mother in law should outlive us which would not apply now.
So now as a beneficiary, I am led to believe I need to fill in an RX4 in order to remove the restriction so that my husband can be the sole owner. I don't think its fair for me to have the share given that I put in no financial contributions or lived there, and in hindsight it would be half mine and the kids anyway as we are married.
So with a RX4, do I also need to do a ST5 and evidence of the will?
If not, if its an RX3 form that is required, would I need to provide ST5 for both myself and hubby?
I am fuming at the solicitor who took all that money and not even consulting the buyers of which tenancy they would like. My husband tried to get back in touch with the solicitor, but he has moved on, what's worse, when we enquired to have copies of the paperwork, the solicitors firm could not locate it and so they assumed it would have been destroyed!
0
This discussion has been closed.
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 348.3K Banking & Borrowing
- 252.1K Reduce Debt & Boost Income
- 452.4K Spending & Discounts
- 240.9K Work, Benefits & Business
- 617.1K Mortgages, Homes & Bills
- 175.6K Life & Family
- 254.1K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 15.1K Coronavirus Support Boards