Can ex-partner list property while I have a restriction?

by Readers Question

10:19 AM, 17th November 2016
About 2 years ago

Can ex-partner list property while I have a restriction?

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Can ex-partner list property while I have a restriction?

My ex-partner and I bought a house together a few years ago. At the time, I couldn’t be on the mortgage, because I was not on a British work contract and didn’t have indefinite leave to remain. We put the house in his sole name, though I contributed significantly to the deposit (which I can prove), paid for all subsequent renovations (which I can prove), and paid an extra 30% every month towards the mortgage and household bills (which I can prove).chain

3 months ago, he had an affair and has since decided he wants to build a new life with the girl. Obviously, as part of the split, we’ve got to sell the house.

We are currently in wranglings between our solicitors about who gets what – magically, his promise about never trying to take anything from me (which he said at the time of the purchase to reassure me about my name not being on the mortgage) has totally evaporated and his offers have been awful.

My solicitor put a restriction on the property, which was approved, to protect my interests. In all of the letters back and forth, our solicitors had proposed that we jointly administer the sale and approve the agent to execute the sale together.

I was supposed to respond to the last letter within 14 days, but I was too upset to go back to the solicitor the first week after receipt.

Unfortunately, when I went to him the second week (4 business days before the response was due), he was out of the office for the whole week, so my response was issued a little late. We did send a holding letter to let them know a response was going to be coming, just a few days late – and my ex had been late on his response to our last letter, so I didn’t think anything of it – but now he is using that as an excuse to continue on the house sale without me.

He’s had people out to value the property, and I’m just wondering – if we’re still in wranglings about this, and our solicitors are still saying we’re to determine the agents together and administer the sale together, is he allowed to exclude me from this process? He told me Tuesday morning he was having valuations done, but refused outright to tell me which agents or when so that I could be there. I am trying to understand whether I’m at risk that he’ll list the house without me or my input at this stage.

Thanks!

BC



Comments

Neil Patterson

10:22 AM, 17th November 2016
About 2 years ago

Is the restriction registered with the Land Registry?

If not then the agents, potential purchaser and their solicitors would not have any way of knowing it was there and I am guessing could proceed without your consent.

I think you need to inform your solicitor asap as asses your legal options.

Mark Alexander

19:05 PM, 17th November 2016
About 2 years ago

A restriction, if registered with HM Land Registry, will prevent the completion of a sale without your consent or a Court order.
.

Ross McColl

10:26 AM, 20th November 2016
About 2 years ago

My understanding is that if a restriction has been placed on the registry, he would have to go to court to get the restriction removed without your permission. The solicitor of any potential purchaser should spot the restriction straight away which would put a stop to any potential sale until it has been lifted. Good luck


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