• Restriction On Property

    By Guest on 16th Jul 2017

    My ex-husband bought the matrimonial home in 2003 in his sole name with sole mortgage (our previous property in my sole maiden name hadn't reached completion after sale yet). He left the matrimonial home in 2006 after not paying the mortgage for the previous year. I have paid the mortgage since 2006. I applied to register my interest with the land registry in January 2005 (long before he left) as I believed he was withdrawing equity against the property (which he was). It came to my attention that he had a credit card registered at the address, and in 2008 SkyCard trading as Barclays Bank entered a restriction against my property with the Land Registry for the sum of £8000. Divorce proceedings had already been started by this time. I have tried to get them to remove the restriction, as a judge made an order during the divorce that my ex-husband was to have no benefit or future profit from the sale of my home, and the judge then ordered that my ex-husband be removed from the title deed. The mortgage lender had agreed to ADD my name to the existing mortgage, even though I did not earn enough to obtain a £315,000 loan (but not remove his name) as I had been paying the mortgage for years by this time. I am loathe to use any money from the sale of my property to allow the restriction from Barclays to be honoured, as my ex-husband obviously obtained the Credit Card AFTER he left the marital home and I had no knowledge of it. (My post box is OUTSIDE my house at the end of a long drive so he often used to sneak round and steal letters whilst I was at work). The judge only made the decree to remove his name from the deeds after I producted evidence that £200,000 of my own money (from the sale of previous properties) had been paid off the mortgage for the marital home. (Which my ex-husband then promptly spent without my knowledge, as my name was not on the mortgage so I could not call the mortgage lenders as they refused to speak to me).

    How do I get the restriction pertaining to his Credit Card debt removed so that I may sell my house? I have written to Barclays numerous times over the years, and have given them my ex-husband's contact details and address but he denies all knowledge of any contact from them (naturally). Many thanks.

  • 1 Answers

    By Guest on 23/07/2017

    The question that needs to be answered is, at the time of the restriction who was entitled to the equity in the property. If that was your husband then I'm afraid you might be stuck with the debt but you need to speak to a litigator

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