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Clare, Solicitor
Category: Law
Satisfied Customers: 33028
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have absolute title on the property that I bought last

Resolved Question:

I have absolute title on the property that I bought last year with my partner having put the deposit in. We have since split , and she is refusing to co operate and sign a RX4 form to revoke the restriction that was registered as part of our "Declaration of Trust". Also, it states on the deed that she has "an equitable interest in the property" - How? I own it !? Please advise whether it would be better for me to forge ahead with an RX3 form and get her removed that way?
Submitted: 17 days ago.
Category: Law
Expert:  Clare replied 17 days ago.

Thank you for your question

My name s Clare

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

What is the nature of the restriction and what percentage interest has she been allocated?

how will you return her financial contribution?

Customer: replied 17 days ago.
Hello Claire,As I said in my enquiry, she made NO direct contribution to the purchase of the property. I provided funds that equated to 52% of the purchase price and the remaining 48% was met by a mortgage with the Royal Bank of Scotland.She did contribute £1000 towards the conveyancing fees but I was informed that the £1000 would be taken into account in of Deed of Trust. The deed was taken out due to the fact that she wasn't in a position to contribute to the purchase or to the considerable sums that I have spent on modernising the property - bathroom refits etc etc. The deed states that if after subtracting from any potential sale price my 52% initial contribution, mortgage, legal fees and my costs re the house repairs there is a minus she would be liable for 50%.Therefore, this contributed her liability to the house and the restriction to title that prevents me from selling, remortgaging MY property is her "insurance" policy as such.She has now walked out on me, and she is using the threat of not withdrawing her name from the restriction unless I basically "rip up" the deed and write off all personals debts she has with me.
Expert:  Clare replied 17 days ago.

What is the exact wording of the deeds?

Customer: replied 17 days ago.
I will start with the exact wording on the Land Registry Deeds - I have absolute title, however the information that you have requested is a follows (this ignores a secondary restriction that applies to the Royal Bank of Scotland - obviously no issue there).
Under Section B - "Proprietorship Register"
Point 3: "No disposition of the registered estate by the proprietor of the registered estate or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction (28th July 2015), is to be registered without a written consent signed by Caryl Joan Matthews of 11, Ashfield Rd, Newbridge NP11 4RA or her personal representatives or conveyancer.* Caryl walked out of the property on the 1st August 2016** The Declaration of Trust is set up to cater for a sale, however clause 1.5 on the Declaration states:
"Michael Graham Purcell shall make such application to the Land Registry (I didn't - it was done automatically), to secure the registration of a restriction shall be entered on the Register of Title to the property, which at present is registered under title number WA582402 for the purpose of protecting Caryl Joan Matthews' equitable interest in the property"I am at a loss to see what "equitable interest" she can actually have?NB: As it stands at the moment, I have no intention of selling the property, especially considering the amount of expenditure that I have made on the property. I was told that the £1000 contribution that she initially made towards the conveyancing fees would be accounted for as a credit in her name when we calculate the expenses I have accrued re "renovations/expenditure" on the house. APART FROM A MONTHLY HOUSEKEEPING FIGURE THAT SHE HAS PAID, MY PARTNER HAS MADE NO FURTHER CONTRIBUTIONS TO THE RENOVATIONS/FIXTURES FITTINGS ETC ETC.Kind Regards
Customer: replied 17 days ago.
Further to my last response a few minutes ago, would I have a strong enough case to get Caryl removed via a standard RX3 form that I can fill out myself and submit to the Land Registry without needing to use the conveyancer that conducted my purchase last July?
Customer: replied 17 days ago.
Hi Clare,Is everything ok regarding the response to my last email to you at 12.22pm?Kind regards, ***** ***** forward to hearing from you,Mike Purcell
Expert:  Clare replied 16 days ago.

My apologies for the delay

It is the wording of the Deed of Trust that I need to see

Customer: replied 15 days ago.
Hello Clare - Response to your email yesterday at 7.04am - I will type the complete Declaration - I don't know what more information I can supply.....!The Declaration of Trust is made the 13th day of July 2015.Between-
MICHAEL GRAHAM PURCELL and CARYL JOAN MATTHEWS both of 11, Ashfield Rd, Newbridge, Gwent NP11 4RA together known as the "parties"Background
By a transfer ("the transfer ) of even date, MICHAEL GRAHAM PURCELL purchased the freehold of 11, Ashfield Road, Newbridge NP11 4RA ("the property") subject to a mortgage with the Royal Bank of Scotland.NOW THIS DEED witnesses as follows:
1.1 It has been agreed that on completIon of the sale of the property MICHAEL GRAHAM PURCELL is to receive the FIRST 52% of the sale monies excluding the mortgage and conveyancing fees and disbursements to reflect the fact that upon the completion of the purchase MICHAEL GRAHAM PURCELL has invested the sum of £77500 towards the purchase.
1.2 Out of the remaining monies all charges, mortgages conveyancing fees and disbursements will then be paid PROVIDED ALWAYS that if by paying MICHAE GRAHAM PURCELL 52% of the sales monies in accordance with the above, there is insufficient money to settle conveyancing fees and disbursements and to repay the mortgage, then the amount due to MICHAEL GRAHAM PURCELL will be reduced by the shortfall and CARYL JOAN MATTHEWS will owe as a debt to MICHAEL GRAHAM PURCELL to the value of half the shortfall.
1.3 If after payment to MICHAEL GRAHAM PURCELL of a sum equivalent to 52% of the sale price and after the settlement of the conveyancing fees and disbursements there is a surplus, then the surplus will belong to MICHAEL GRAHAM PURCELL and CARYL JOAN MATTHEWS in equal shares.
1.4 PROVIDED ALWAYS that the contributions made by the "parties" towards the mortgage, the outgoings, renovation or other expenditure and its fixtures and fittings but not contents shall also be taken into consideration so that if either of the parties pays more than the other, then the settlement shall be adjusted to compensate the party for their greater contribution.
1.5 MICHAEL GRAHAM PURCELL shall make such application to the Land Registry to secure the registration of a restriction shall be entered on the Register of Title to the property which is at present registered under title number WA582402 for the purpose of protecting CARYL JOAN MATTHEWS' equitable interest in the property.Signed etc etc etc** As I have said, Caryl has now left me to start a new life else where - what and how can she maintain an equitable share when she made no contribution to the purchase. I was told that the £1000 she contributed towards the initial conveyancing charges would be account for in the Declarations "totting" up in Caryl's favour should the property be sold.
Why can't I fill out the down loaded form RX3 from the Land Registry and make the application myself?
1.4 - Doesn't confirm to what degree I will be compensated for the considerable extra expenditure I made on house renovations.
Probably most importantly I DO NOT INTEND TO MOVE.
Finally, how can this farce be allowed - one partner walks out - yes she has contributed to the household expenses every month - the amount that she paid monthly.... how much of that amount could be deemed to contribute to the mortgage alone - the mortgage is £440/month - we both paid £650/month therefore could she argue that £220 of the £650 was specifically for the mortgage.You have all the info I have now - I look forward to hearing from you asap.Kind Regards,Mike Purcell
Expert:  Clare replied 15 days ago.

How much is the house worth and how much is outstanding on the mortgage?

Customer: replied 15 days ago.
In round figures the house is worth a conservative £153550 (Zoopla) and there is £68000 to redeem against the mortgage
Expert:  Clare replied 15 days ago.

How much did you spend on renovations?

Customer: replied 15 days ago.
Without checking every receipt and Inc the recent work on the roof around £17500Regards
Expert:  Clare replied 15 days ago.

Excellent - that is covered by the agreement

Have you prepared an account setting out all of this and sent it to your ex?

Customer: replied 15 days ago.
No, my ex has a copy of the agreement obviously and has taken adviceAs I have said, what control of the house has she got?What equitable stake??? And can I get her removed directly with the Land Registry via the usual RX3 forms. To reiterate, she is saying basically... "you want my restriction on the deeds lifted" " the deed of trust any any ensuing liabilities i end up with must be ripped up" please can I have a definitive answer as there really isn't a lot more I can tell you!
Expert:  Clare replied 15 days ago.

I am afraid that you cannot lift the Restriction in this way - you need her agreement or an Order from the Court under the Trusts of Land and Appointment of Trustees Act.

Whilst you may not have understood it correctly the Deed you signed gave your ex a financial claim on the proceeds of sale - the "equitable interest" referred to.

What debts do you believe she owes you?

Customer: replied 15 days ago.
OK. ... this nightmare gets worse.
So not only does she have control with what I can do with the house... if she decides I can sell it... she would possibly get 50% of any profits? With respect, the current figures involved would equate to a large deficit therefore her owing me 50% of that deficit therefore I don't agree with you.
Also please confirm where the £1000 she put in as a contribution to conveyancing fees be recognised... as I have mentioned I was told as a credit in the deed calculations.She owes me around £1600 privately which she now refutes saying that they were gifts.So to conclude (if I understand you correctly)
Despite putting nothing into the purchase whatsoever, she can "play god" in respect of what I can do with my own house that I OWN ABSOLUTELY, AND IF SHE DECIDES THAT THE HOUSE CAN BE SOLD SHE COULD POTENTIALLY GET HALF OF THE PROFITS.... I cannot see how there is a profit given the figures Ive supplied you
.. it just doesn't add up.So? My best option is that if I rip up the deed of trust and cancels any claim to outstanding debts I have against her, she will sign away her restriction in the property? Having said that, you haven't clearly said why I can't apply directly to the Land Registry giving the details of the case and letting them to come to a decision.This is turning out to be a VERY DISTURBING PICTURE you paint, and I am seriously thinking of making a formal complaint against the conveyancer given the info you have given me.Perhaps we could conclude this matter tomorrow?
Expert:  Clare replied 14 days ago.

She has no control over what you do with the house.

She has a financial claim on it if it is sold in accordance with the terms of the Deed.

In reality given the wording of the Deed if the house was sold tomorrow she would not get a penny as the amount you have spent on renovations wipes out the small amount of equity which would have been available for division.

Having said that unless the £1600 you refer to relates to direct expenditure on the house it has no relevance to the Deed and could not be reclaimed under it.

On that basis the Deed can indeed be revoked at no loss to either of you (other than the £1000 she contributed but will not recover) - since the money you spent on renovations will then be entirely and solely for your benefit.

You cannot simply send the form to the Land Registry and ask them to decide as it is not a power that they have.

The Deed was Registered and to remove it will need either consent or a Court Order

Customer: replied 14 days ago.
Hi Clarence
Sorry for the protracted nature of this enquiry.... I'm sure you want to wind this one up ASAP!
Just to wind up... I still don't understand that when on the house deeds it clearly states that I cannot sell the house without her express permission yet you say that isn't the case!
The £1600 I mention are private debts - nothing to do with the house.
She is saying that if I pay the solicitors bill she will revoke any restriction she has on the deeds in return for me ripping up effectively the deed of trust that she sees as a potentially sizeable debt due to the money that has been spent on repairs.
I have to sign away any right to chase her in the future for any private debts (the £1600).
As I am desperate to get rid of this nightmare woman, I really don't have much choice do I? I will regard your answer as your full and final answer!
Many thanks
Mike Purcell
Expert:  Clare replied 14 days ago.

Although you need her consent to the transfer provided you stick to the terms of the Deed it cannot be refused

You do not even have to pay the solicitors bill.

Get proper valuations of the house; the redemption figure of the mortgage and copies of the receipts for the work done.

Create a set of accounts showing that in fact if the house was sold she would owe you and invite the solicitor to agree to the Deed being revoked and the Registration cancelled

Clare, Solicitor
Category: Law
Satisfied Customers: 33028
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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