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Am a bit confused about my ExH selling a property which still has his name on the deeds two months later?

(24 Posts)
Namechanger2015 Mon 22-Feb-16 19:09:47

I am currently divorcing my H and I can't understand what's going on with a property.

In Nov 2015 - I applied for home rights charge. Called Land Registry and they said the house was currently going through a sale and so there is a 30-day window during which no charges can be applied to the property.

In Dec 2015 - he successfully sold the flat - I have seen the completion statement and equity in his account as he submitted these for his form E as we are doing financial disclosures. The equity all came in and he promptly transferred the whole lot (£135,000) into his brothers account as payment for a previously undisclosed 'loan' hmm

Now, Feb 2016 the Land Registry have just written to me saying my charge against the flat was successful and sent me a copy of the house deeds, with my charge entered in there. This was carried out after the property sale? He is still also showing as owner of the property.

I called Land Registry and the lady I spoke with didn't know who the house had been sold to but said it seemed very odd that purchasers solicitors didn't block the sale because of the charge. She said it was strange and I should get legal advice, which I am planning to do.

In the meantime I am just thinking out loud really, as I can't understand what has happened? Has he sold the property to himself? Or have the purchasers bought a property with a charge on it? What happens to the money ExH pocketed from the sale?

Collaborate Mon 22-Feb-16 23:28:33

When you look at the office copies, what is the date beside the proprietorship register?

Namechanger2015 Mon 22-Feb-16 23:47:05

It's dated 16feb

Namechanger2015 Mon 22-Feb-16 23:49:19

Sorry, the proprietors list shows he has owned it since 2006. No new proprietors listed.

Could it be as simple as the purchase has gone through, and deeds are waiting to be updated? It was sold in early Dec so would it take so long?

And how did the sale just progress despite an impending notice on the property?

MyKingdomForBrie Mon 22-Feb-16 23:50:11

That is odd. The LR are running v slowly at the moment with a large backlog but if your charge has been entered then it can't be that his transaction is still pending. Do the office copies show the transfer?

Quodlibet Mon 22-Feb-16 23:52:00

The Land Registry have got a bit of a backlog I think. Might be my solicitor being slow and making excuses, but it took 6m for my lease alterations to show up on the Land Registry.

Namechanger2015 Tue 23-Feb-16 00:03:38

No the copies don't show the transfer at all.

Yet I have a completion statement on the sale dating back to Dec 2015.

The land registry lady said it seemed odd and I should get advice. I'm away for work all day tomorrow so won't get the chance to speak to sol. I just can't figure it out?

Namechanger2015 Tue 23-Feb-16 00:05:54

Quodlibet my notice took 3 months to appear so I wonder if it is a weird backlog. But when I spoke to land registry in November 2015 they said there was a sale lending and I had entered my charge too late to prevent it.

And yet I now have a charge in place after the property has been sold?

Collaborate Tue 23-Feb-16 07:44:23

When a sale is pending, the buyer carries out searches that give them a priority period, in which no new entries can be made. They then have that period in which to register the transaction.

If they fail to do so, and fail to update their priority, other pending entries can and will be made. This may have happened with you. You could have some fun with this!

petalsandstars Tue 23-Feb-16 07:46:46

Hopefully he has screwed up in trying to screw you over !

HereIAm20 Tue 23-Feb-16 17:23:34

The good thing is even if he has sold the property to someone else who now owns the property the property is still subject to your charge and you can expect the current owner to pay what you are owed. If their solicitor balls it up they will be liable to pay whatever you are owed.

Or because your exH and his husband have now cooked up a fake loan story is there nothing due to you.

HereIAm20 Tue 23-Feb-16 17:23:46

brother not his husband

Collaborate Tue 23-Feb-16 18:09:30

Unfortunately a Homes Rights charge merely protects your right to occupy the property while you're still married. When the decree absolute comes through the owner will be able to get rid of the entry at the Land Registry. You need to register your actual application for a transfer of property order. I forget whether it's a notice or a caution (I think notice) but speak to your solicitor about it.

Collaborate Tue 23-Feb-16 18:14:50

Look at para 3.2. Looks like you need a restriction.

www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register

Familylawsolicitor Wed 24-Feb-16 23:27:34

Sounds like the buyer's solicitors cocked up and didn't register the transfer in time
My property law is out of date but if it sold before the notice went on I can't see how a home rights notice will help the OP in getting her proceeds of sale. I feel very sorry for the purchasers who may have a legal nightmare on their hands if OP can pursue them! Although I suppose its the solicitors who cocked up who will have the nightmares...

Its a shame you were too late to get the sale proceeds held - a decent solicitor at that stage even if too late for home rights notice could have got an order to prevent dissipation or an undertaking to hold enough of the proceeds in the conveyancing solicitors' account to meet your claims
He sounds very slippery if he's transferring sale proceeds to his brother and alleging a "loan"
Get advice asap and discuss how to prevent further dissipation of the funds - have either of you issued financial remedy (form A) proceedings?

Collaborate Thu 25-Feb-16 07:21:32

You should also consider getting a Mareva injunction. This binds 3rd parties, and is only available from the High Court. It can freeze the proceeds in the hands of the brother.

babybarrister Thu 25-Feb-16 20:09:08

section 37(2) matrimonial causes act 1973 also enables the court to unscramble the sale and set it aside - you need urgent and specialist advice on not only freezing your exH assets but also the brother's to make sure he does not pass on the property to someone else pending your possible application to have it transferred back to your ex....

sorry Collaborate but you can get a freezing injunction from a County Court as CCA extends jurisdiction I am pretty sure ...!

Collaborate Thu 25-Feb-16 21:15:21

But I think the Mareva can only be granted by a High Court judge, unless they've changed the rules since I last got one?

Collaborate Thu 25-Feb-16 21:16:25

But yes, the s37 orders are made in the County Court too. The Mareva though is under the court's inherent jurisdiction? I'm prepared to stand corrected though. grin

babybarrister Thu 25-Feb-16 21:40:29

1991 county court regulations revoked so CC has full jurisdiction AFAIK

Collaborate Fri 26-Feb-16 09:27:24

I've seen the County Court Remedies Regulations 2014 (thanks google) and in the explanatory note it does indeed confirm what you say bb, so like a man in orthopaedic shoes I stand corrected (!). However while that referred to Mareva orders as ones that prevent a party from dealing with assets beyond these shores, no mention is made of a Mareva binding 3rd parties. So can the CC make a full Mareva that, in OP's case, would bind the brother not to dispose of the money?

You can email me your bill for educating me (!).

babybarrister Fri 26-Feb-16 09:40:41

AFAIK the answer is yes! they have full powers ....!

Namechanger2015 Mon 29-Feb-16 14:32:34

Sorry for my disappearing act, I've been away for a few days.

I have issued financial proceedings - we have our first hearing on March 18.

His bank statements etc show a hell of a lot of dodgy dealings - his ISAs have gone from £35,000 down to £750 as he also paid this to his brother, and has transferred a second rental property to his dad.

We have submitted our questionnaire which currently runs at 9 pages and 48 questions. It's all a bit of a mess and solicitor thinks the courts will see his behaviour as highly suspicious and indicative of financial misconduct.

I'll send the document onto my solicitor and ask her to look into this. If there is a potential chance of getting my share of this back then I will have to pursue. Feel a bit sorry for the purchasers though!

Collaborate Mon 29-Feb-16 15:14:44

That's what their solicitor's indemnity insurance is for!

It won't give you anything of value though unless there's a restriction to protect your claim. As I mention above, the notice only protects your wife as a spouse to occupy the property, which will end when your marriage does.

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