What is the exact wording regarding the IVA, against the house?
I meant, is there any wording on the land Registry title about the IVA. If there is not, you simply pay your father off and the house is then yours along with your mother. Your father would have to declare the money that you have paid him. You would also have to pay the market value of his share of the house.
Can I clarify anything for you? Please rate the service positive so that I get paid. We can still exchange emails. Best wishes. FES.
You still get the house with good title free of encumbrance provided there is no mention at the land Registry. However your father is likely to be taken to task by the IVA supervisor . It would not affect the house or your ownership
The second restriction is a Tenants In common restriction (odd wording I know) whereby the property is held as tenants in common, not joint tenants. If it’s joint tenants, and one dies, the property passes to the survivor under the right of survivorship. If it is tenants in common, and one of them dies, the deceased owner’s share passes in accordance with their will.
The first restriction in respect of someone’s name and address would depend who is the name and address was. It could well be the supervisor of the IVA who wants to consent to the sale of the property to make sure that he gets his money. Once you have purchased the property from your father, the restriction would be removed because he no longer has an interest in it. You need to know whose name and address that is of because it may be in respect of something else and before parting with any money, you need the consent of that person to remove the restriction. It’s something that solicitor would deal with normally as part of the normal conveyancing process.
The process is designed to protect everyone’s interest, especially yours.