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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10412
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My husband spent some inheritance money from his mother on

Resolved Question:

My husband spent some inheritance money from his mother on a flat as an investment. This was put under my daughters name for tax purposes and she lives there at present. Unfortunately we are getting divorced and my husband has asked her to transfer it back to him. I have been advised by a solicitor and mediation not to transfer it to his name but to deal with all financial matters as a whole.
My daughter has now received a B62 Notice of an application to register a restriction against the land. The applicant (my husband) claims to have supplied the purchase money for the property. This indeed is true. Should she allow the application or can she raise an objection. I do not feel comfortable and would rather wait for all issues to be dealt with together.
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

A Restriction is merely a notice which is put on the Deeds, confirming that a third party has an interest in the property.
Your Daughter is not therefore agreeing to transfer the property to your husband if she does not object to the application. Indeed, she may not have any grounds to object to the application if she agrees that her father's money was used to purchase the property.

I am guessing that your husband/his Solicitor is just protecting his interest in the property, in that once a Restriction is registered, your Daughter will not be entitled to sell the property without her father's consent. Likewise, it would prevent your Daughter from mortgaging or dealing with the legal ownership of the property without such consent.

I hope this assists and sets out the legal position to you.

Please let me know if you require any further clarification.

Kind Regards
AL

Customer: replied 3 years ago.

Thank you for your response.


 


Just to clarify matters, it is her stepfather not her father.


 


Why would he need to do this when I have given it in writing that the flat will be considered when dealing with the financial aspect of divorce.? If on settlement she was allowed to keep the flat would it make a difference that his name was on the register would it have to be removed or could it cause problems? In his mother's will the inheritance was left to Mr Emerick and wife. With his name on the Land Registry would it be detrimental to me or would it just be seen as an asset for Mr Emerick.


 


Thank you.


 


 


 

Expert:  Aston Lawyer replied 3 years ago.

Hi Amanda,

Apologies.

The fact he may obtain a Restriction on the Deeds would not affect the financial split at all. Indeed, as you have said, it would serve to prove that he has a financial interest in the property. If you are named in the Will, then the fact he had a Restriction would also not affect your position/entitlement. If, in the divorce proceedings, it was agreed that your Daughter should retain the property, then your husband would, at that stage, be requested to remove the Restriction.

From what you have told me, I really don't know why he has gone to the trouble of applying to register a Restriction. All I can say is that by entering a Restriction, it prevents your Daughter from selling the property or transferring it behind his back.

I hope this helps.

Kind Regards
AL

Customer: replied 3 years ago.

Thank you for your reply.


 


If the restriction is allowed would he then be allowed to charge her rent at any amount he thought applicable. Also if he wanted her to sell the property could he force her to do so and take all the money himself. Or is it purely a restriction to prevent her selling or transferring the property. I somehow think there must be a reason as to why he is doing this because as you say you cannot see a reason behind it and I am trying to cover all angles as to why.


 


Regards.


 


 

Expert:  Aston Lawyer replied 3 years ago.

Hi Amanda,

The Restriction is merely an acknowledgement/notice that your husband has an interest in the property, but this does not extend to him being entitled to charge rent or occupy the property for example.

Upon any Sale, he wouldn't be able to force her to hand over all the Sale monies, but by the same token, unless both parties agree as to who is entitled to what, he can refuse to sign the appropriate Land Registry Form releasing the Restriction and thus stalling the Sale, as your Daughter's Solicitor would need him to sign the Form before the Sale can complete.

Hope this assists.

Kind Regards
AL
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10412
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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