How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alex J. Your Own Question
Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3774
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

Several years ago my ex wife and I set up a company called

Resolved Question:

Several years ago my ex wife and I set up a company called 'Chippington' and we placed a freehold of two flats which I owned into it.
My wife registered the transaction with the Land Registry.
However the transaction was not registered with the company.
We got divorced and it was agreed that we would keep all the property that was in our names(£4,000,000 worth).
Ex wife stopped doing the accounts four years ago (her job when married) the company was dissolved and went to the Bona Vacantia.
Now Ex wife now wants ex amount of money for the transfer of the freehold back into my name(I own one of the flats in the building).
She says I have to apply to get the company reinstated(I have already got the Waiver Letter from the Treasury Solicitor).
My accountant says that the company has no assetts or liabilites so the freehold was never registered.
My solicitor says forget restoring the company to transfer the freehold.
He suggests writing to the Treasury solicitor enclosing a Land Registry transfer from TR1 (filled in, in my favour) explain the situation and request that freehold be transferred into my name even though the accounts do not show the freehold.
Which path should I follow?
thank you
Phil
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

Was the company subjected to any fines?

Who's name was the freehold registered in at the land registry? Was it the company?

Who were the shareholders?

Kind regards

AJ
Customer: replied 3 years ago.

Hi Aj

1, no fines

2,freehold is registered at the land registry in the company name.originally it was in my sole name.

3,share holding 50% each with the ex wife.

 

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

I do not think you need to have the company restored especially if it had no creditors.

You should start by writing to the Treasury Solicitor and asking them to agree to transfer the freehold into your name. This will save you alot of time and hassle. They normally charge a small fee which is preferable to a company restoration.

A company restoration requires a court application and as this has been struck off for non filing of accounts an "Administrative Restoration" probably wont be possible therefore you will certainly have to go to court.

I look forward to hearing from you.

Kind regards

AJ
Alex J. and other Law Specialists are ready to help you