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Appointing a trustee

(10 Posts)
missieb Wed 18-Sep-13 22:00:20

I have a restriction on my property that a sale cannot be made by a sole owner. My solicitor has suggested that I appoint his partner as a second trustee to overcome this, does anyone know if this is normal practise?

mumblechum1 Thu 19-Sep-13 12:43:35

That's very strange. Normally that restriction is for a couple who hold a property as tenants in common.

Could you copy and paste the exact wording of the restriction on here?

missieb Thu 19-Sep-13 17:17:01

Hi, I don't have a copy of the restriction. My ex got into debt and a charge was made against the family home as it was his only asset. We legally separated and part of his share of the house was paid directly to his creditors, I then remortgaged and have lived here ever since. Now the house is sold and the first I knew was when the solicitor informed me that 'I have obtained official copies of the title and there is a restriction noted that a sale cannot be made by a sole owner' he then suggested that I appoint his partner as a second trustee.

RedHelenB Thu 19-Sep-13 19:50:04

Is your ex still on the mortgage/deeds? Will he have some money due to him?

missieb Thu 19-Sep-13 20:10:23

The mortgage is in my name only and he received his settlement when we separated which was all done through a solicitor!

RedHelenB Thu 19-Sep-13 22:51:08

Surelythe restriction can just be removed given that the debt was paid?

missieb Fri 20-Sep-13 07:23:04

Not sure if this is necessary as I am selling. Just really wanted to be sure that appointing the solicitors partner as a trustee was a safe thing to do! :-)

RedHelenB Fri 20-Sep-13 07:33:02

I would just phone up the company that's placed the restriction, explain the charge has been met & get them to take the restriction off. Does your solicitor have a copy of the restriction? it sounds a bit weird to me.

Alwayscheerful Fri 20-Sep-13 07:49:39

The solicitors partner probably sees it as the quickest way to deal with the matter, if I had a fixed price I would be happy for him to do so.

You could phone the company and explain the situation and ask them to remove the restriction but I suspect using the trustee method would be quicker.

florencedombey Fri 20-Sep-13 07:58:12

Agreed. If the solicitor is prepared to take the risk of acting as second trustee, he will have suggested it because it's the quickest way of dealing with the problem. They are trying to help you out!

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