Title Restrictions and Charging Orders when selling your home

[blockhead22]

I'm looking for a conveyancer who understands title restrictions and the process of selling with title restrictions and advice on this matter.

My understanding is (and I'm getting mixed advice on this) that restrictions are not final charging orders and there is no obligation to settle the beneficiary from the proceeds of sale. I can then negotiate a settlement post completion. The basis for this is the restrictions are in sole names and the property is in joint names.

Any help advice and info would be gratefully received and appreciated. Feedback from anyone who has successfully managed this process would be great.

[blockhead22]

I have copied this from a .gov.uk website article which was updated on the 23/04/2021:

Jointly owned property
It is not possible to register a charging order as an ‘equitable charge’ on a jointly owned property unless all the owners / registered proprietors are judgment debtors. Where only one of the owners / registered proprietors is the judgment debtor, the order will be registered as a ‘restriction’.
A notice or restriction does not impose an obligation to make payment when the property is sold.

[Celestine]

I don't think you'll find conveyancing solicitors advertising this as a speciality, You would be best researching 3 or 4 conveyancing firms and speak with each on the phone until you are happy you can select one who understands this issue and will carry out your instructions.

[blockhead22]

Yes I agree.

[islandgirl]

As someone who was able to get repayment of a legitimate debt due to a charging order on a jointly owned property, it seems unfair, if the debit is legitimate to try to "avoid" paying it. If there is an issue with the debt fair enough. Also who on earth would buy a property with restrictions? I suspect this will be a transfer between family members?

[DE DOGS]

It depends on what year there was a Court hearing and if a Charge order was granted on that date.

[islandgirl]

I seem to remember that there was no need for a hearing...the CCJ had a hearing but to put on the charging order you just had to make an application? It was a long time ago so not sure of the facts.

[MIKE770]

A person can object to one but appear in court to give reasons it is up to the DJ what happens next

[islandgirl]

Ah Ok that makes sense. Presumably my person did not make an objection!

[MIKE770]

No objection then auto applied