• I Am Divorced. The Court Order Is For The Marital Property To Be Transferred To Me. It Is Solely In My Ex-husbands Name. He Has Not Transferred It. I Want To Enter A Restriction On The Property To Prevent Him Selling It. What Should I Enter In Box 9 Or RX

    By Guest on 10th Feb 2020

    I could also use Form LL, but Form A seems more relevant and simpler because the court order creates a trust implicitly.

  • 2 Answers

    By NotaryExpress on 11/02/2020

    I would advise following the HMLR guide on restrictions when completing an RX1 which you can find here: https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register#appendix-b-standard-form-restrictions Use their standard form of words most appropriate to your circumstances. A Form A restriction by itself, for example, would not prevent a sale; it would just show there is a trust in place over the property. 

  • By Guest on 11/02/2020

    How do I prevent a sale of the property if Form A does not prevent that?

    The Form A words seem to prevent a sale unless it complies with or is ordered by the court. Is that right?

    "No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court."

    I presume that 'disposition' effectively means 'sale'. Is that right?

    Form LL does not seem to prevent a sale but seems to require that a suitably qualified conveyancer confirms that the sale is legitimate. Is that right?

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