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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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We bought our house in my sons name as we could not get Mortgage.

Customer Question

We bought our house in my sons name as we could not get Mortgage. We paid him everything we had to buy the property. Now he is trying to throw us out saying the house belongs to him can we get a restriction order to stop him selling the property
Submitted: 2 years ago.
Category: Property Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, welcome to the website. My name is Tony, I can assist you with this.

tdlawyer :

Did you sign the paperwork with your son to recognise what you were doing?

JACUSTOMER-4ixvluf7- : What do you mean which paperwork are you asking about. I have proof of. Some off the payments that we transferred to his name. As we sold our property for this purchase. The conveyance solicitor also knew what was happening here but now says as he was my sons solicitor he cannot help us. He is the one that has advised to get restriction order so he cannot sell the property without paying us our money.
tdlawyer :

Getting a restriction is a sensible thing to do as this would prevent the sale going through without giving you notice and having the opportunity to stop it.

tdlawyer :

I was asking whether you had any written agreement with him, which I assume not. You should be able to summons the solicitor for him to confirm the nature of the agreement between you, which is not going to be protected by legal privilege.

tdlawyer :

That would be good evidence that you are an owner of the property and thus have a share in it.

JACUSTOMER-4ixvluf7- :

So how can I get restriction order? Does it come under Property Law or Litigation. Can you get restriction order for me please let me know..

tdlawyer :

There is a guide here as to how you do it - it is published by the land registry and they have a helpline too if you need them to guide you through their systems: http://www.landregistry.gov.uk/professional/guides/practice-guide-19

tdlawyer :

We can't fill in forms etc. for people, this is a question and answer site only.

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