Late husbands debts

[Tiatodd]

My husband has recently died. The mortgage was in his name only. When we purchased, I paid the deposit which was 17%. The solicitor tried to register the following with the land registry. I would be entitled to the first 17% then a 50/50 split. The land registry refused to accept this and a simple restriction was entered which meant he could not sell without my consent. I have copies of the original restriction. There is a charging order on the property and 2 restrictions for debts in my husbands name. In order to pay these off it would mean selling the house, which I would like to keep as We have 2 children and I would like to avoid any more change in their lives. Can I argue that I have a beneficial interest in the property based on what we originally agreed? Also if I do manage to get this, I can argue that there would not be enough money from his share to pay all the creditors. Is there an order of priority? He has the CO, the 2 restrictions and some unsecured debts.

[des8]

Condolences on the loss of your husband.

Are you named in the Proprietorship Register of the Land Registry for this property?

If the mortgage is still outstanding, what are the lender's intending? Are they prepared to allow you to take it over if you can afford the repayments?
You refer to a "simple restriction"..... what is the exact wording and does it include a declaration of trust?

priority of restrictions is as per the creation date, so your restriction should be first in line.

I really think you should consult a solicitor regarding your situation and options.
Land matters can be complicated and full access to documentation is necessary.
You might be able to obtain an initial free or a low fixed fee half hour consultation

[Scot22]

Very good advice. Even the best forums are limited in how much help they can give.