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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13323
Experience:  Solicitor with more than 30 years experience
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I have just sold my house and then received a letter from a

Customer Question

I have just sold my house and then received a letter from a ex boyfriend's solicitor, stating that he has a financial interest in my property. My house is in my sole name and BPHS 50/50 house share. The letter states they are going to put a restriction against the property and apply to the courts for a declartion of interest. My ex partner live at this address on and off for 6years, it was a very abusive relationship, resulting in him getting a six mth custodial sentence, and finally coming to my senses and ending it for good. I am concerned with his motives of doing this as he has just come into an inheritance of over £300000 and believe he is trying to intimadate and upset me again. can you advice me please if he can stop the sale of my house going through. Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Senior Partner replied 3 years ago.
Thanks for your question. Did he contribute any capital to the purchase of the house?
does he have any basis for claiming a share?
Customer: replied 3 years ago.

no he did not contribute to any of the capital to the purchase of the house as i had it six years before we ever met.


 


He is stating that he did £50,000 worth of work to the house which is not true. An extension was built to provide a bedroom for his son I firmly told him at the time that i could not financially recoup him for this but he said he did not want any involvement with the ownership of the house as he never wanted any creditors to be able to take his house away (as he was always in trouble with paying creditors and even made himself bankrupt) .

Expert:  Senior Partner replied 3 years ago.
Well I would write back saying that he has no claim in the property . You should speak also to the solicitor handling the sale and warn him of the claim. If they register or try to register a restriction you can object to it but it could interfere in the sale It does not sound as if he has a legitimate claim but you may have to dispute it. Do you need the equity in the house to purchase another one ? If not you can always agree to the sale going through and your solicitor holding some of the money until the dispute is resolved.
Customer: replied 3 years ago.

yes I do need the equity from the house to purchase my new House. How easy is it for him to register a restriction? as on the forms it say's "owner," and he is clearly not and we have never been married,, surely it can't be that easy, else anyone could do it to anyone. until a restriction is registered can i legally sell, even though i have received a letter from his solicitor? Thank you

Expert:  Senior Partner replied 3 years ago.
You can sell despite the letter if no restriction is entered. It is possible ot apply to a notice unilaterally although you can object to it. A full restriction is not so easy to enter and the LR has a discretion unless there is a court order.

I would just get on twits the sale and write saying the claim is denied - or better get your lawyer to do it.

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