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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Whoever... My (ex)Bankruptcy trustees are pursuing the

Customer Question

Hi, whoever...
My (ex)Bankruptcy trustees are pursuing the family home. There is a hearing set in June for possession, sale etc
At the same time, I have been contesting (since January) a form J restriction application at the Land Registry on the basis that I own 0% as a tenant in common. The LR doesn't disagree so has not granted the application, and is taking it to a First Tier Tribunal in July (date not yet set) for resolution.
Can I, and how, get the first case stayed or whatever on the basis that the 0% issue is older and should anyway be resolved first, because it has such an impact on the possession case? I have seen the argument in an HMRC case but it was not resolved on that basis.
Is such parallel litigation acceptable?
If not, can I enforce abandonment of the form J restriction application?
Thank you *****
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How did the percentage division come to be 100/0

Customer: replied 1 year ago.
Morning Clare, I'm David.In this house, from 1992 to 2003 we were joint tenants.
In 2003 we officially became tenants in common, with Land Registry Form A restriction added to the property register.
We executed and have retained a properly drawn up and witnessed deed showing the 100/0 split. A mortgage would not allow me to simply dispose of my 'share'. No solicitor was involved.There is considerable evidence that I have never paid any mortgage etc - it has been paid by my wife or by a company that she alone controls (records going back 7 years and probably to 2001 with some effort).
Enough evidence anyway to convince the LR not to accept a form J restriction without going to tribunal.The other side want 100% proof of her privately paying (+ deposit etc) all the way back to 1992. They complain that the 2003 deed is not publicly registered - a 'deed in the drawer', but we argue that that is/was not necessary because the fact that a deed existed is/was known from the LR entry. Registration is not mandatory.??
Expert:  Clare replied 1 year ago.

Why did you do it at that time?

Customer: replied 1 year ago.
There was no pressure (eg no creditors) - we had just discovered it was possible to do it and therefore to regularise the longstanding (beneficial) ownership situation, and that the Northern Rock wouldn't/couldn't object.
Expert:  Clare replied 1 year ago.

How long have you been married?

Customer: replied 1 year ago.
40 years
Expert:  Clare replied 1 year ago.

When did you go bankrupt?

Customer: replied 1 year ago.
May 5th 2015. Now ex-bankrupt - they thought I was co-operative until May 5th 2016. Not any more.D
Expert:  Clare replied 1 year ago.

Why would you wish to force the Form J applictaion to be abandoned?

Customer: replied 1 year ago.
The form J ensures that the bankruptcy trustees can take 50% of net house proceeds (my assumed share) when sold in order to pay all 'debts' and costs, which I don't want to happen.
If it is cancelled it may be possible to sell free of restriction and keep 100% of proceeds.
Expert:  Clare replied 1 year ago.

I am afraid that there is no chance of the Form J application being abandoned.

It is not unusual for parallel litigation to be in place and in effect the issues being decided are the same.

It is unlikely that you can successfully apply for the Possession proceedings to be stayed BUT you can ask for it to be adjourned pending the outcome of the Tribunal and you have an excellent argument for doing so since as you rightly point out this is the crux of the issue.

Please ask if you need further details

Clare and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
That's helpful, thank youOver & outDC
Expert:  Clare replied 1 year ago.

You are most welcome - I hope all goes well