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Restriction on title register

8 replies

badgerread · 27/03/2020 12:25

Please could someone tell me what this means on a title register (in simple terms)

(24.08.2018) RESTRICTION: No disposition by a sole proprietor of the
registered estate (except a trust corporation) under which capital
money arises is to be registered unless authorised by an order of the
court.

OP posts:
thecognoscenti · 27/03/2020 12:37

It's a standard restriction for jointly owned property. It's a tenancy in common.

It means that if one of the joint owners dies, then their share passes under the terms of their Will if they have one, or to their closest relatives under the intestacy rules if they don't. The surviving joint owner(s) won't automatically inherit.

dancingqueen1978 · 27/03/2020 12:38

I believe it means the property is owned by joint parties as “tenants in common” ie each party has their own share which belongs to them to deal/dispose with/of as they see fit.

The other way to hold property is as joint tenants but that isn’t situation here.

badgerread · 27/03/2020 12:41

Thank you.

My ex husband passed away last year and owned a house with his partner. He died intestate, they were not married and had no children together. We had two children together so does this mean when the property is sold his (our) children are entitled to 50% of the equity?

Do I have to register the children's interest with the Building Society? I'm struggling to understand how they will received any monies unless it is recorded somewhere?

OP posts:
prh47bridge · 27/03/2020 13:00

If he died intestate his children now own 50% of the property unless there was a deed of trust setting out different shares. Whoever is administering the estate needs to deal with that. If his partner cannot buy them out his children can force a sale of the property so that they can get their share.

badgerread · 27/03/2020 13:04

Thank you, that's exactly what I thought.

There is no official administrator as he didn't have anything in his estate. His partner is dealing with debts and personal effects and I am dealing with the children's side of things.

Pensions are currently being dealt with by the Ombudsman as his partner (of 3.5 years) has fraudulently claimed her and her four children were financially dependent on him.

OP posts:
badgerread · 27/03/2020 13:11

One more thing, do I have to register any sort of interest on behalf of the children with the Building Society that the mortgage is with?

Many thanks

OP posts:
prh47bridge · 27/03/2020 16:00

There is no official administrator as he didn't have anything in his estate

He did. He had 50% of the house. He may not have had anything else but the house needs to be dealt with and someone will need to apply for letters of administration in order to deal with it. Whilst your children are entitled to his estate under intestacy rules, his partner may have a claim under the Inheritance Act.

badgerread · 05/04/2020 11:55

Thank you for your help. I have been onto my solicitor this week to discuss where we go from here...

OP posts:
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