MegaSack DRAW - This year's winner is user - rgwb
We will be in touch
Me and the gf are joint (50/50) owners of the property we live in, but we have split up and i want to put the house on the market. However she says she is going to put a restriction order on it so i cant, (f##k knows why she wants to do this cos she wont get her equity out otherwise).
Can she do this??
I would have bought her out, but being self employed the banks wont take the risk.
it would be better to ask actual experts than relying on somebody from a cycling forum when it comes to important issues.
let it all settle a bit, happened to me and ex MrsMLB but we had a pre relationship agreement.
Ultimate threat is not to pay half your side of the mortgage.
She can carry on paying it and if she ever comes to sell can't without your permission.
She is probably thinking about putting a restriction on the title to stop a sale. In fact, all it will do, if the Land Reg lets her put one on the title, is to ensure you can't complete a sale without her knowledge and consent. If you cannot agree to sell it, and you ought to try, and you want the property sold, you need to see a decent lawyer who can bring a claim for something called an 'order for sale' under section 14 of the trusts and land and appointment of trustees act 1996. Basically, if it is just the 2 of you, the relationship has broken down and the purpose of buying the property was for a home for the both of you as a couple, the court will order a sale. I deal with this sort of stuff when it gets to trial and all I can say is that unless you want to pay lawyers (not a bad thing!) sort it out yourselves... Good luck
One thing I do know is not to get into legal battles over it all. Binding arbitration is available. Even if its a pain to compromise its better than the lawyers getting the lot. maybe one of you gets slightly less as a % than you think you should the total pot remains bigger as lawyers don't get a huge chunk. a mate of mine has spent £50 000 on a divorce.
http://www.sfla.co.uk/shouldiarbitrate.htm
One thing for sure, you'll both get much less out of it once you've paid your legal fees.
Basicly whats yours, is now hers, and what wasnt hers is now all hers
Dont ever go near a legal bod as the fees wil wipe out any gain.
Just talk.
Erm, if she owns half, you can't sell title without her consent, regardless of any lis pendens or charge she is seeking to register.
You could issue partition proceedings and obtain an order for sale?