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Stuart J
Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 20341
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I have been advised to fill in Land Registry form RX1 to apply

Resolved Question:

I have been advised to fill in Land Registry form RX1 to apply for a restriction against my ex partner's property, to stop him selling / remortgage the family home. We were never married, have 2 children together and it is owned solely in his name. I spoke with a solicitor who said I would be awarded a 50% beneficial interest if it went to court (based on my circumstances). She advised me to fill out the form myself to save some money. However, I'm really worried about doing it wrong. I am struggling with what to enter into sections 9 and 12. Many thanks in advance.
Submitted: 2 years ago.
Category: UK Family Law
Expert:  Stuart J replied 2 years ago.
How long were you together and how old are the children?
Customer: replied 2 years ago.
We were together 13 years. The boys are 8 and 6. We owned this house for 10 years and, prior to that, owned a previous property in joint names for 1.5 years. The deposit for the property in question was supplied by the sale of the joint home.
Expert:  Stuart J replied 2 years ago.

I am afraid that we are unable to draft documents for you as that would be tantamount to acting for you and we can only answer questions.

 

You need to read these guidance notes http://www.landregistry.gov.uk/professional/guides/practice-guide-19

the most common restriction which covers most eventualities (or can cover most eventualities is Form N.

It is listed in the practice guide.

With regard to section

12 you write down there that it is in respect of your beneficial interest in the property resultant on you providing a substantial part of the finance to buy the property from the sale of your previously jointly owned home. Basically, you just put down their, in normal language, why you have an interest in the property.

For the sake of the 100/£150 as a solicitor would charge, I would not DIY.

 

Can I help further?

 

Please dont forget to positively rate my answer and I will follow up any further points you raise for free. If you don't rate it positively, then the site keep your deposit and I get 0 for my time. If in ratings you feel that you expected more or it only helped a little, please ask me for further info before rating me negatively otherwise I don't get paid at all for my time and answer.

The thread remains open. Thanks

L

Customer: replied 2 years ago.
I have read the guide many times.

Form N says 'consent required' - does that mean my ex will have to consent to my restriction being applied?
Expert:  Stuart J replied 2 years ago.
No, that is the wording of the restriction. It means that your consent is required before anything happens (sale, remortgage etc) to the house.
Customer: replied 2 years ago.
Thank you - that makes sense now.

Just to clarify, section 12 can be written in normal language... so I could include that the intent was for it to be a family home and that I trusted his word that it was owned 50/50 even though the deeds were held solely in his name?
Expert:  Stuart J replied 2 years ago.

Basically, yes. What the land registry will want to know is what your interest is in that property. It must be an interest in "that" property and not an interest that you want in the property. The interest must exist.

For example if somebody owes you money, you cannot place a restriction on their house because you are no interest in the house. Your interest is in the money they owe you and you want an interest in their house. If you want to formalise the interest in the house you have to apply to court to get a charge. You cannot simply place a restriction on it.

You have an interest in this house because your money paid, in part, for the house, your money is in it. Although it may not be in the legal title it is, in part, equitably (money) part yours.

I hope that makes sense.
Please don't forget to rate my answer or the site keep your deposit and I get nothing from my time.
Thank you.

Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 20341
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 4 other UK Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Just note of warning to others.

The form restriction I used here was not the correct one. "Consent required" means what I initially assumed, that I require the consent of my former partner (which I obviously don't want). I know this as the Land Registry have informed me so, having received my application.

I should have applied under form A and/or form II
(thought that might help if you're in a similar predicament!)

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