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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Property Law
Satisfied Customers: 10595
Experience:  Barrister 17 years experience
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My brother owns a property and the title deeds to a

Customer Question

My brother owns a property and the title deeds to a property. His former partner has no legal interest. She has told him she has placed a restriction on the property to stop the sale of the property. Can she do this please?
Submitted: 1 year ago.
Category: Property Law
Expert:  Buachaill replied 1 year ago.

1. Dear Liz, the former partner can only place a restriction on the property is she claims an interest in the property and intends contesting this issue of ownership in court. So here, the former partner will most likely issue family law proceedings or else, some form of equity proceedings whereby she will claim that, by reason of her contributions to the mortgage repayments she is entitled to an interest in the property.

Expert:  Buachaill replied 1 year ago.

2. Here, if your brother and his former partner were unmarried, then the only way the former partner can claim an interest in the property is if she made a contribution to the purchase price, or if, she made contributions to the mortgage repayment amounts. These are the two situations in which she can seek to claim an interest in the property. The position would be different if there was children of the relationship as then she might additionally, claim maintenance payments.

Expert:  Buachaill replied 1 year ago.

3. Accordingly, your brother's best approach, if a restriction has been registered, is to seek to have it removed and the issue of whether his former partner has an interest, litigated. He is best off avoid matters dragging out until he does in fact need to sell, because then he will be more susceptible to making a payment to her to "buy her off" the property.

Expert:  Buachaill replied 1 year ago.

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