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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 17552
Experience:  I have been practising for 30 years.
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My mother and father separated 15 years ago but never

Customer Question

My mother and father separated 15 years ago but never legally divorced or divided martial assets. My father recently passed away and their former marital home, where my mother had resided for the past 15 years has passed to her. We have notified the Land Registry and received confirmation the home is now solely in her name.
JA: Where is this? It matters because laws vary by location.
Customer: There is no outstanding mortgage on the proptery and my mother wishes to sell and downsize for her retirement. However, it has come to my attention that a number of Cautions have been placed on the property. Some, are somewhat recent and I have been able to obtain copies of the Court papers. However, 4 cautions date back a number of years (2002) and relate to a historic business of my fathers which was long since dissolved (albeit, the caution names my mother too, despite not being a stake holder in the business concerned) My question is how will this impact my mother in trying to sell the home and with the cautions being so old, how would the process of settling these outstanding debts work? thank you The home is in England
JA: What steps has your mother taken so far?
Customer: I have sought to obtain relevant information pertaining to each of the 6 cautions/restrictions but due to the age of 4, I have been advised the Court no longer hold records. I do not wish to approach the parties named directly without seeking legal advice.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 14 days ago.
Category: Law
Expert:  F E Smith replied 14 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

do you mean charges?

are they from the same company?

Customer: replied 14 days ago.
Hello Mr Smith. They are noted on the Title document as "Caution in favor of..." and in the case of the more recent notices, "Restriction: No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to..." Would it be helpful to see the Title document?
Expert:  F E Smith replied 14 days ago.

I think it would be a good idea if I saw the title deed please. Thank you.

Customer: replied 14 days ago.
Please see attached.
Expert:  F E Smith replied 14 days ago.

Thank you. It appears that your late husband had some debts in respect of the transport business.

Let me first do with the restrictions.

The person that put the restriction on can remove it with form RX4 completed and sent to the land registry.

The person who owns the property can apply to get the restriction removed using land registry form RX3 in respect of the numbered restrictions:

6 this is in respect of an interim charging order on your husband’s half of the property.

7 the same but a final charging order

8 the same

9 interim charging order

10 final charging order.

The reason the charging orders are not mentioned in the Charges Register is because they only affect your husband’s half of the property, not yours.

All of these matters have been to court and either he didn’t defend the actions or he lost.

The dates vary between 2008 and 2013.

Other than the above, there is no mortgage on the property

To remove these you need a certificate from the person with the benefit of the charge that they have written notice of the application that the property is to be sold or remortgaged.

In respect of cancelling the cautions, this is the form: https://www.gov.uk/government/publications/caution-against-dealings-cancellation-ccd

This is not do it yourself job but fortunately it is something that the solicitor who is dealing with the sale of the property will know exactly how to deal with.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Best wishes.

FES

Customer: replied 14 days ago.
Thank you very much, this is very useful advice.
Expert:  F E Smith replied 14 days ago.

No problem at all. I am glad to help. Please come back to me at any time if anything needs clarification. Kind regards.