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Restriction order on a jointly owned property
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tuttime
Posts: 4 Newbie

Hi all ,
I feel I have to post this incase anyone out there is beside themselves on trying to sell a jointly owned property in negative equity my husband had debt in his name only and ended up with a restriction charge on our property , we put the property on the market and was told by the first solicitor that the property couldn’t sell until the restriction charges were paid in full , wrong information from that solicitor as they clearly don’t understand the law spoke with a debt charity that told us to change solicitors great advice , 2nd solicitor who is fully aware of the law said that because the debt is in my husband’s name only and there is no equity in the sale of the house the debt company get nothing other than the payment plan that is already in place on a monthly basis . A solicitor should inform the debt company 14 days prior to completion of the sale as this is a legality of the restriction and that’s the end of that . I also received some fantastic advice on here I thank whoever responded to my plight you know your stuff , so if you are in a predicament the same as I was please get yourself a good conveying solicitor that knows the law and save yourself from a lot of sleepless nights , the house is sold and we are on our way to being debt free . There is hope in the world and some good people with good advice.
Thank you and god bless
I feel I have to post this incase anyone out there is beside themselves on trying to sell a jointly owned property in negative equity my husband had debt in his name only and ended up with a restriction charge on our property , we put the property on the market and was told by the first solicitor that the property couldn’t sell until the restriction charges were paid in full , wrong information from that solicitor as they clearly don’t understand the law spoke with a debt charity that told us to change solicitors great advice , 2nd solicitor who is fully aware of the law said that because the debt is in my husband’s name only and there is no equity in the sale of the house the debt company get nothing other than the payment plan that is already in place on a monthly basis . A solicitor should inform the debt company 14 days prior to completion of the sale as this is a legality of the restriction and that’s the end of that . I also received some fantastic advice on here I thank whoever responded to my plight you know your stuff , so if you are in a predicament the same as I was please get yourself a good conveying solicitor that knows the law and save yourself from a lot of sleepless nights , the house is sold and we are on our way to being debt free . There is hope in the world and some good people with good advice.
Thank you and god bless
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https://forums.moneysavingexpert.com/discussion/1839539/charging-order-the-myth here's a link that could help0
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