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Selling jointly owned property with a restriction

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  • Selling jointly owned property with a restriction

    Now I know this is a problem that has been posted before, but I thought I would rant on a little more on the subject.

    Our property is jointly owned, but I have a charging restriction for a credit card debt. We are finally getting a few viewers to see our house, and I thought that it was time to appoint a solicitor to do the conveyancing. Knowing that most solicitors do not fully understand the restriction on jointly owned property I didn't go to a small local office.

    I approached a specialist property solicitor (20 years experience in property), and by email explained the position and just what I wanted to happen - ie not pay the debt causing the restriction.

    I have had a reply stating that the before the house sale is completed and the restriction lifted, this debt must be paid. I know for a fact that this is incorrect as people on this forum have done just what I intend to do. I have sent on to the solicitor an article written by a barrister and lawyer explaining the law on this, which states that the restriction in a jointly owned property is as good as useless, but feel that I will get a reply saying it can't be done.

    Where on earth do we find a solicitor who can help?

  • #2
    Re: Selling jointly owned property with a restriction

    Try having a chat with Julian (via PM) as they actually did what you're asking about so may be able to assist you with a willing solicitor
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    • #3
      Re: Selling jointly owned property with a restriction

      Thanks Nids, I'll PM Julian.