Problem with property development as an individual

[theenquirer]

I have an unusual problem:

I am the kind of private developer that they show in Homes Under the Hammer. I procure an income for my children and I from refurbishing old houses and selling them. The present house I refurbished I cannot sell as the Land Regsitry has frozen the title.

My ex-wife as gone to the Land Registry to apply for a charge on the title of a house I refurbished to sell. It was not matrimonial property but my little business.
Even if they release it, she is going to try to get the proceeds from the sale frozen.

What she has done is the equivalent of locking the doors of a manufacturing business that belongs to her ex-husband so that it cannot trade until she gets what she wants, just because she had a set of keys. The Land Registry told her she could not make such a claim just because she was my wife.

She has no real interest in the property but I have a specific question: Does anybody know of a court procedure whereby I can file a 'distress order' to have my business released as otherwise I may go bankrupt. All I want is that a court orders to let me continue to work on my business and she can claim whatever she wants.

Thanks

[Celestine]

Re: Problem with property development as an individual

So if Land Registry have told her she 'cannot make such a claim', why have they frozen the title?

when do you need to sell the property by?

are divorce proceedings started, ongoing or completed?

[theenquirer]

Re: Problem with property development as an individual

Thanks for your reply,

I said that the Land Registry told her that she could not make such a claim just because she was my wife, that they needed more.

Well that is the thing, the Land Regsitry told me they froze the title just because she completed the correct form!?

The LR told me that she had not provided any evidence of her investment or how she created a trust in the property but that was 'just fine' they put it through their system.

The divorce process was completed about 10 months ago.

I needed to sell the property back at the beginning of June to pay my debts and pay legal costs to defend the children in court. She partly did this to prevent me from having money for the children.

[enquirer]

Re: Problem with property development as an individual

If the Land Registry has frozen the title - on their own admission - merely on the basis of a wild, unsubstantiated allegation, then it may well be that they have acted improperly. Check their Code of Practice and initiate the complaints process:

http://www.landregistry.gov.uk/contact-us/complaints

It might also be wise to see a solicitor specialising in Land Law. Find one who does a free initial interview.

[theenquirer]

Re: Problem with property development as an individual

I think I will put in a complaint with the Land Registry, yes.

I need to find an advisor which legal procedure or form to file in court to get my property title released, that is the main thing I need

[Crazy council]

Re: Problem with property development as an individual

The land registry tent to put a lock for a small time until its challenged regardless of whatever validity the complaint has.

A notice to them instructing them formally that your wife hold no legal interest in the property. And if she wishes to challange she should go through the courts first. Ask them if they are not immediately releasing the hold, to provide you with what evidence they have used to legal hold the title.

Previously ( my experience was prior 2005 ). They would give the complanant 14 days after the notice to you to apply to court or formaly prove interest. Procedure may have changed but thats how it went..

This goes on a lot more oftern than you may think. The LR are just covering there backs

[theenquirer]

Re: Problem with property development as an individual

Interesting, thanks

[theenquirer]

Re: Problem with property development as an individual

deleted

[ostell]

Re: Problem with property development as an individual

My commiserations. You didn't marry my ex wife by any chance? It all sounds too familiar.

[wales01man]

Re: Problem with property development as an individual

deleted

[Crazy council]

Re: Problem with property development as an individual

You need to get what you said above together in paperwork.

You also needs to do your household and personal bills over the period. I suspect that the LR will uphold the block initialy, and point you back to court to sort it. I would write to her solisitor requesting any and all documentation that thyey are using to make the claim, then concentrate on defending against that.

The judge may consider something else as well, not just what you spent. what it costs to run you home, who pay and who does what. IE, judges account for that fact that just haveing a wife, contributes towards your financial success , and will decide if that equals a share, and if so , how much.

8- I have already shown the LR a document she wrote, for a previous court case, in which she states that I own the house, not that we own it or that I own it but she has an interest in it.

. That could be important.

I would guess that this is going to come down to paperwork proof and bills. Buold your version of events direct from bank accounts and bills and clocked hours ( if you get what i meen ). I also may send her Sols a copy of the doc were she states that you own it, and ask for an explanation. If the docs are as clear as you say, demand they withdraw there action or pay your costs

[theenquirer]

Re: Problem with property development as an individual

I can hardly believe the advice that a lawyer from the Land Registry gave me: You can withdraw your objection to the application for a charge on the title made by your ex-wife, then the title will be released, with your wife's name on it as a beneficiary, then you can sell the house. Of course! then I can sell the house and tell he buyers: "Oh by the way my ex-wife (who is impossible to deal with) claims ownership of the house title, so good luck to you when you try to sell the house and set about finding her and convincing her to remove her interest from the title" In the meantime, I am suddeny acknowledging that she has a trust interest in the house, just to be able to sell it. I take it that these idiotic lawyers are working for the LR and not in private practice for a reason.