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Can I apply for a restriction order to prevent ex from selling house in his name that is now classed as joint asset?

(2 Posts)
namechange100 Mon 03-Aug-09 23:43:21

I want to apply for a restriction order to I have to get a solicitor to do this or a conveyer

A restriction order I am told will prevent ex DH selling a property in his name that we refurbished and I paid 50% of bills on inc mortgage for three years as this is classed as a joint assett.

Can I do it on my own?

Anyone done this?

LSEE Tue 04-Aug-09 12:49:41

There is a Land Registry guide which sets out how you can apply to the LR to protect matrimonial home rights - www1.landregistry.gov.uk/assets/library/documents/public_guide_004.pdf but I think that is more about protecting rights of occupation than ownership.

If you want to register a restriction on the property to protect an ownership interest you will either need your ex's consent or you will need to provide sufficient evidence of your interest in the property. I suspect that anything less than a court judgment in your favour may not be sufficient interest for the LR to complete the application but it may be worth trying to register the restriction anyway as during the time it takes to sort it all out the Land Registry might make a note on the title which should be enough to put off any potential sellers and achieve your aim of stopping him selling. If your ex really wants to sell he may be prepared to come to an arrangement with you on your share if you'll drop the application. As always with the Land Reg it often depends who you get and there's no guarantee it will work like this - they could just reject your application straight off and tell you to go to court.

To register the restriction you need to complete and send form RX1 from the "Forms" section of the Land Registry website plus the fee and you will also need to select the appropriate "menu" wording for the restriction - I think you probably need Form A but you will need to decide. Maybe read the Practice Guide www1.landregistry.gov.uk/docs/html/practice_guides/lrpg019.htm#2.1notices and see if you think you can do it yourself, the Practice Guides are intended for practitioners though so they can be a bit difficult to follow. If you do need more help I'd suggest speaking to a solicitor (a licensed conveyancer can make the application for you but if you need help proving your interest etc you'll need a solicitor rather than a conveyancer).

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