u/GuidanceMountain5092

London England a Restriction based on an unregistered Deed of Trust stop a sole owner from selling or re-mortgaging?

Hi,
I have a signed Deed of Trust giving me a 50% share in a property, but I am not on the mortgage or the Land Registry deeds (the property is in my partner's sole name). Currently, my Deed of Trust is unregistered and "invisible".
If my solicitor registers a Restriction or a Unilateral Notice against the property now:

  1. Will this completely stop my partner from selling the house without my consent?
  2. Will this stop him from doing a re-mortgage or taking further advances from the bank behind my back?
  3. Will it block him from making any major financial decisions regarding the property without me?
    Thank you.
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u/GuidanceMountain5092 — 7 days ago

Does a Form A Restriction protect my 50% share and stop the sole owner from remortgaging if the bank rejected the Deed of Trust?

"Location: England, UK"
Hi everyone. My partner is the sole owner on the property title and the mortgage is in his name alone. We have a signed Deed of Trust for equal shares (50/50). The bank recently refused to accept the Deed for their records, so a Form A Restriction is being registered at HM Land Registry based on the Deed.
I would appreciate a clear and direct answer to these specific questions:
Am I fully protected? Does the Form A Restriction completely protect my 50% equitable share in the property capital, despite the bank's rejection of the Deed [A, B]?
Can he make decisions or remortgage alone? Will this restriction legally block him from making major decisions about the property without my consent? Specifically, can he complete a remortgage on his own, or will the lender require my written consent because of the restriction?
Thank you for your direct answers.

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u/GuidanceMountain5092 — 8 days ago

Can I be added to HM Land Registry before remortga

Hello If my partner adds me to the mortgage at remortgage in 5 years, but I want to be added now, can I legally be registered in HM Land Registry before
The bank (Nationwide) has already agreed in principle to add me to the mortgage now. My question is: can a solicitor complete the Transfer of Equity to put me on the Land Registry/Title Deeds while keeping the current 5-year fixed rate? My partner thinks we must wait for a remortgage, but I want to be a legal owner now.

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u/GuidanceMountain5092 — 11 days ago