Selling a property that has a restriction
I am trying to get advice about selling a property when there is a restriction by an ex partner.
Scenario is this; I own a home, bought in my sole name and mortgage has always been in my sole name. An ex partner lived there for a few years and took me to Tribunal in 2013 to register a restriction. She obtained the restriction and has since threatened to force a sale.
I tried to be reasonable to offer her a fair settlement to get the restriction removed.
She seems to think she can use this as a blackmailing tool to get me to pay up more than is reasonable.
How can I sell the house if she is being unreasonable?
She has not paid into the property in ten years and seems to think she has an ongoing percentage stake in the property. So if I spent on major renovations she is demanding gains in all of my recent investment.
Just want to be able to know that I can sell and move on without lots of further unnecessary legal costs.
Thanks
Sue
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AST or resident landlord?
Member Since January 2011 - Comments: 12210 - Articles: 1410
10:29 PM, 18th June 2015, About 11 years ago
Other than reaching a mutual agreement or obtaining a Court order I cannot see how a sale is possible. Have you considered arbitration?
What was the basis of the restriction being allowed?
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Member Since March 2015 - Comments: 1969 - Articles: 1
10:30 AM, 19th June 2015, About 11 years ago
On what grounds is she claiming anything over your property?
Member Since July 2013 - Comments: 1266 - Articles: 1
7:15 PM, 19th June 2015, About 11 years ago
She cannot force a sale. To try she would have to go to court and I doubt she wants that.
Did she pay anything towards the house while she lived there? If not and your relationship was not a marriage or civil partnership, she won’t get anything. If she did pay in, she’ll be entitled to a fair proportion.
What sort of tribunal was it? Did it specify the restriction in terms of quantum? Have you done renovations or not (you say if)?
To sell the restriction will have to be removed either before or during. Do you want to sell? If so I suggest you get a solicitor to deal with this as part of the conveyancing (which might mean you need a specialist rather than a conveyancer). If you just want it removed you will need to do the same, get quantum (amount or proportion) agreed or ordered and pay her off.
Either way you need to see a solicitor, to either get her paid off or a written agreement drawn up. She cannot blackmail you to pay more than is reasonable (although you need an objective view of what that is, not just yours) and a solicitor can advise you on a fair agreement.
Member Since June 2015 - Comments: 1
7:37 PM, 12th August 2015, About 11 years ago
Reply to the comment left by “Puzzler ” at “19/06/2015 – 19:15“:
Hi there, Sorry for the delay. I only just noticed a response had been made. Is there any way I can give you the details via a private email as I am concerned about who might be viewing? Thanks for the response.
Member Since July 2013 - Comments: 1266 - Articles: 1
2:56 PM, 22nd September 2015, About 11 years ago
Reply to the comment left by “Sue Jakes” at “12/08/2015 – 19:37“:
Sorry Sue, I have been away and only just seen this
you can contact me privately on [email protected]