Declaration of Trust

Trebormint

Hi

Some advise please. My ex and I are splitting up and she is being the typical bully she has always been

We have a declaration of trust which is equally registered on the land registry, which identifies 50/50 ownership. The house is registered in her name

The issue I have is that she has sold the house SSTC and neither she or the estate agent will advise how much the property was sold for. As I am declared on the land registry can the estate agent physically sell the house without notifying me and can I legally not be told or involved in the sale and or decisions made re the price?

I am concerned as the outcome obviously impacts me financially and she is immature beyond belief

Any advise much appreciated

Browntoa

If you are listed on the land registry it cannot be sold without your signature . Solicitors would need to see proof of ID like a passport etc

Trebormint

Hi, I am listed under a disposition order but not physically recorded as the owner.

My question is therefore the same, i.e can the estate agent and or my ex carry on with the sale without even advising me of the obtained price.

It seems as if the purpose of the registration on the land registry and the DOT hold very little value or legally standing.

getmore4less

The price will get registered with the land reg then you can find out.

Is there a mortgage?

Are you on that if not find out how much is left.

If she won't cough up the money you may have to go to court.

Tom99

Your interest will be marked as a restriction on sale by the Land Reg so your ex cannot just collect all the sale proceeds herself and buzz off.
You could try explaining to the estate agent that the sale is not going to complete without your involvement (show them a copy of the title maybe) so it is in their interest to let you know which solicitor your ex has appointed. You can then approach that solicitor and hopefully find out whats going on.

Thrugelmir

Trebormint wrote: »

My question is therefore the same, i.e can the estate agent and or my ex carry on with the sale without even advising me of the obtained price.

While you have a financial interest in the property. You have no rights with regards to the sale itself. You are not the estate agents client.