Form A restriction

[real issue]

Hi,
I need help to cancel a Form A restriction.

[des8]

Hi and welcome
Use form RX3 plus supporting evidence, such as a statement of truth/stat dec
https://www.gov.uk/government/public...gistration-rx3

[real issue]

Thankyou,
I have done that twice and its been rejected.
The first time was because I made an error on the form and the second time land Registry said they fail to see how part of my statement of truth would make a difference.
I spoke to land Registry today and from what I can gather its the way I worded it.
The situation is that I'm divorced but don't have a financial agreement.
My ex wife put the restriction on the property that is solely in my name and no e of us live in.
she paid the deposit via credit card when we were married but never paid the card company back and the credit card subsequently went into her bankruptcy but she claims she still has an interest in the property because she paid the deposit.

[des8]

If your ex wife had an interest in the property and is now bankrupt, my (mis)understanding is that the interest is now vested in the Official Receiver or the trustee.
How big was the deposit?
Was the interest declared?
Has the Trustee made any claims on the property?

[real issue]

17,000
don't think so
no

[des8]

So she wasn't honest and open when dealing with the OR if she didn't declare that she thought she had an interest in the property.
Just warn her that she could easily find herself in trouble if she continues to claim an interest in the property as you will have to report that to the OR.
Of course if she agrees to lift the restriction and you sell the property you will consider making her a gift, but not because you recognise that she has any interest in the property ( that might be illegal), but solely for old times sake or whatever.

[real issue]

Thanks again for the valuable information,
I have checked with land Registry and there are no charges on the title except the form A restriction.
It seems to be the way I have worded my statement of truth about the deposit and bankruptcy and this is where I am struggling with not being able to employ a solicitor due to paying a mortgage and rent.

[Jinxer]

I've had much the same problem for over 15 years and I wasn't even married.
Good luck and if you manage to get the restriction off, let us know how please.

[des8]

Did LR say exactly what was wrong with the wording?

When was restriction registered: before or after divorce?
before or after bankruptcy?

[real issue]

LR can't give legal advice.
after divorce and after bankruptcy.

[des8]

Just had a word with LR employee (works in different section) who confirmed what you say about an absolute ban on giving any advice whatsoever.
He suggested consulting a solicitor, but added they often have four or five attempts before getting applications correct !

I think your best course of action is an attempt to persuade your ex to co-operate in removing the restriction.
If she will not, perhaps an application to court for an order to lift the restriction.
This would have implications for your ex if she did not declare this interest