Thread: Help - Application to register a restriction

If your partner owns the house where the ccj is registered they are quite within their rights to register a charge on the property. Until and unless you were not aware of the ccj in which case you might have grounds to apply, to set aside.

If your partner owns the house, registering a charge against the property will mean that should your partner try to sell the property she would have to pay off the CCJ before the sale could proceed. Its just a way of ensuring that they get their money as your partner has an asset - the house. If your partner is not thinking of selling the property in the near future I wouldnt worry. Although once the ccj is paid off you should make sure that Shoosmiths send a form withdrawing the restriction and provide written evidence that this has been done (ie a copy of the Land Registry title showing the restriction removed). This is of course if they do register the restriction. Hope this is helpful.

Originally Posted by chunky1977

Thanks for the info.

One other quick question. The loan/debt is in my partners name but the house is in joint names. Now I know its not going to happen but in the unlikely event that we split up would that mean the CO would still be logged on the property.

Afraid so

Hi there I believe that if the property is in joint names they will not be able to register the restriction as the CCJ is only in one name and not both names. Its probably just a threat to make you pay up quicker. Try ringing the Land Registry as they are usually very helpful. Do an internet search for the number as they have a website. If any attempt is made to register a restriction you will receive notice in writing from the Land Registry so Shoosmiths cannot register the restriction without you being aware of it.