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 F E Smith Your Own Question

F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8443
Experience:  I have been practising for 30 years.
Type Your Law Question Here...
F E Smith is online now

My dad took an IVA which is against our family home (mum

Customer Question

My dad took an IVA which is against our family home (mum didn't know it was linked to the house) and he's about 2 years into it. My dad recently had an affair and so my parents are now separated and in the middle of divorce proceedings. My mum still lives in the house and doesn't want to move out as we have lived there most of our lives. Mum has been keeping up the mortgage payments each month, dad's moved out and pays nothing. The house was hastily put up for sale but has been no interest in it from buyers for around 5 months. I would like to buy out my dad's share of the house so I joint own the house with my mum. I am in the process of securing a mortgage for this. My questions are: If I buy out my dads share, would he have to pay back the IVA debts with his equity? Would the IVA still be on the house, even though the person whose name it is under is no longer an owner of the property or linked to it? I am concerned that If I buy him out, the IVA will still be hanging over the house somehow?
Thank you
Submitted: 10 days ago.
Category: Law
Expert:  F E Smith replied 9 days ago.

What is the exact wording regarding the IVA, against the house?

Customer: replied 9 days ago.
Equity in .......(our address)........76,725
Equity at 85% LTV 65,025Then later on in the document it says:
Unsecured Creditors
I undertake to introduce a lump sum payment of 65,025pounds into my arrangement, that being the proceeds from the remortgage of my property. Payment will be made before the completion of the arrangement.
Expert:  F E Smith replied 9 days ago.

Thank you.

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.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8443
Experience: I have been practising for 30 years.
F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 9 days ago.
Thank you for your answer.What would happen if my dad didn't declare the money he had received from selling his share to me?I don't think there is any mention of it on the land registry, but will need to check with my mum.
Expert:  F E Smith replied 8 days ago.

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

Customer: replied 6 days ago.
after looking into the Land Registry, we have found it and it says:(22.06.2015) RESTRICTION: No disposition of the registered estate by
the proprietor of the registered estate is to be registered without a
written consent signed by ... (someone's name and address here)...4 (04.07.2016) RESTRICTION: No disposition by a sole proprietor of the
registered estate (except a trust corporation) under which capital
money arises is to be registered unless authorised by an order of the
court.Could you let me know what these entries on the land register mean? And how do they affect me buying my dads share? The house is on the market and has been since June 2016, but my mum wasn't aware of these restrictions when she put the house on the market, perhaps the estate agents are either?Thank you,
Expert:  F E Smith replied 4 days ago.

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.

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice