Joint owner wants to sell the home

Where a property is jointly owned, both joint owners have rights to occupy and both joint owners need to give consent where any action is taken concerning the property, for example, a sale. Joint owners whose relationship has broken down do not need to register their property rights.

If relations between the parties are hostile or there is domestic violence, a joint owner may wish to protect their interest by entering a restriction or notice on the land register (for registered land only), for example to prevent the court making an order that the consent of one of the joint owners can be dispensed with. Forms can be obtained from the Land Registry and there is a small fee for the registration.

A notice records a claimed property interest on the register.[1] Its purpose is to give notice of the interest to someone viewing the register and to give the holder of the notice priority against other transactions relating to the property. There are two kinds of notice:

• an agreed notice is either agreed by the registered proprietor of the land or accepted by the Land Registry, having been satisfied by the validity of the notice

• a unilateral notice is made on the application of the person making the interest only, without evidence if claim is one that can be protected by a notice

A restriction is an entry in the land register that prevents or regulates the making of a subsequent entry in the register.[2] It may be indefinite or for a specified period, and absolute or conditional (for example, on a consent). There are three kinds of application:

• applications made with the consent of the registered proprietor, typically as part of the conveyancing process

• compulsory applications, which are of a type that the Land Registry have to register other applications, for which the applicant must prove that they have a sufficient interest in the making of a restriction.

Unless there is a court order requiring the restriction to be entered, the Land Registry will notify the registered proprietor, who will then have the opportunity to dispute the making of the restriction.

Where one joint owner wishes to sell the property and does not have the consent of the other joint owner, or the other joint owner has disappeared, they can apply to the court for an order for sale under the Matrimonial Causes Act 1973, the Trusts of Land and Appointment of Trustees Act 1996 or the Married Women's Property Act 1882.

If an order for sale is made and the whereabouts of the other joint owner are not known, their share of the proceeds will be kept in trust.

Bankruptcy

In the event of one partner becoming bankrupt the interests of the bankrupt's creditors take precedence even if the other partner opposes an application for an order for sale.[3] An order for sale may be deferred in the interest of the partner or children but this should, other than in truly exceptional circumstances, be only for a period of months rather than years.[4]

For more information about what entries may be made on the register of a title where the proprietor, or one of the proprietors, is a person subject to bankruptcy proceedings see Land Registry's Practice Guide 34.