Mirror Wills or Mutual Wills

critchley

RAS said:

Are you in England? @Land_Registry?

I clicked on that link and it took somewhere that I couldn't understand.  Yes I am in England and I've been on the Land Registry site and can't get my head round it.

RAS

The Land Registry have an account on MSE. Not sure if it is staffed by one person or they share it. 

They can look at registration documents and advise what they mean, check why processes seem to be halted and advise what to do about them. Don't always work at weekends.

Land_Registry

critchley said:

RAS said:

Are you in England? @Land_Registry?

I clicked on that link and it took somewhere that I couldn't understand.  Yes I am in England and I've been on the Land Registry site and can't get my head round it.

A few things to comment on that may assist you although there's clearly a need to seek legal advice to understand what the legal position is 
You can check the current register online - Search for land and property information - GOV.UK. It's important to confirm the current state of play 
If he is registered as the sole legal owner (Registered Proprietor), and you were both on there previously, then there will have been a Transfer (TR1) by the two of you to just him.
The first restriction, the one referring to capital monies, is known as a form A/joint proprietorship restriction and can be applied for when joint owners sever their joint tenancy/become tenants in common by virtue of their wills, trusts or other agreements/arrangements. It's not definitive though as to your having been tenants in common as you can be but no restriction is applied for. And of course, such a restriction can still apply even if the number of registered owners is reduced to one. 
The second restriction is a consent restriction, and I assume that was applied for when the title was transferred from your joint names to just his. Most likely, but purely a guess, added when you transferred the ownership to just him for a new mortgage in just his name but applied for to protect whatever beneficial interest you retained in the property. 
So a few things to consider here starting with the current registered position and then working backwards to understand what happened and why when transferring ownership, drawing up wills and any remortgage etc. The sequence of events appears to be logical but understanding what happened and why along with fresh legal advice should resolve matters for you. 

bobster2

@Land_Registry

It seems the current registered title document with the Land Registry shows them as joint proprietors (dated from the 1980s but the most current version on the site downloaded in 2022). But the OP has found a physical document dated in 2004 that seems to show her partner as sole proprietor. So I think the question is whether that physical document can supersede what the Land Registry have if a TR1 was never submitted? Or will the LR entry be definitive.

It's a bit baffling how someone could have a physical title register document that looks like a Land Registry title register if the Land Registry don't have a record of this. I can think of various explanations but am going to refrain from speculating.

Land_Registry

bobster2 said:

@Land_Registry

It seems the current registered title document with the Land Registry shows them as joint proprietors (dated from the 1980s but the most current version on the site downloaded in 2022). But the OP has found a physical document dated in 2004 that seems to show her partner as sole proprietor. So I think the question is whether that physical document can supersede what the Land Registry have if a TR1 was never submitted? Or will the LR entry be definitive.

It's a bit baffling how someone could have a physical title register document that looks like a Land Registry title register if the Land Registry don't have a record of this. I can think of various explanations but am going to refrain from speculating.

The current register will be definitive. If they have conflicting copies of the register then I would assume that they have been updated over time hence the differences in date and information. 
Agree re baffling but often there is a logical explanation - happy to take a look if the OP DM's me with the title number - that may at least give some insight as to possible changes over time and perhaps shed some light on events. 
And the OP can then try to match those registration events to their 'life events' or sequence of what happened re ownership, mortgage, wills etc - the registration records rarely provide the total picture re all such matters 
NB - I have not read the first 5 pages of the thread but have merely picked up from where HMLR is directly referenced/tagged 

bobster2

@critchley in the message above "DM" means Direct Message (you can click on @Land_Registry user name and send one). Best not to post personal details in the public thread.

mattojgb

critchley said:

Flugelhorn said:

critchley said:

I think it's pretty clear that because he remortgaged this flat in his own name I got knocked out of it!  So it's all looking a bit bleak I think you'll agree.

no I don't agree - whatever happened in 2004, the CURRENT state of affairs is that it looks like you both owned it and as tenants in common

But he remortgaged it in 2004 and I found out that the copies I downloaded were from when we first got together in the 1980s so the most current document shows him as Registered Proprietor. Also, it's quite likely that I did authorise him to be the sole Proprietor because of him getting the mortgage for the other flat in a hurry. I don't remember.  We didn't pay that mortgage off til years later when he had a heart attack and had Critical Illness cover which paid off all the mortgage that we had at the time.

The 2004 land registry document was most likely as a result of changes to the ownership to identify your partner as the single owner with you retaining beneficial ownership. That would have been required in order to remortgage. After remortgaging a restriction recording the banks charge would have been added. Once the mortgage was paid off the banks charge would have been removed and I presume ownership would have been amended to joint ownership as in 2022 version you have.

Flugelhorn

bobster2 said:

@critchley in the message above "DM" means Direct Message (you can click on @Land_Registry user name and send one). Best not to post personal details in the public thread.

@critchley would really be a good idea to take @Land_Registry up on this offer to get some clarity as to the history and your current situation.

critchley

Thank you, yes I have.

FlorayG

Please keep us posted - I, at least, want to know you come out OK in this