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Posted Sun, 28 Sep 2025 20:26:01 GMT by David Healey
Good evening<br> <br> When purchasing my house, as i was paying the full deposit and most of the mortgage, we my now ex partner and I entered into a trust deed around splitting of proceeds should we break up. This is because I was putting the deposit down and then also paying the full monthly mortgage, but he was contributing to me for general house expenses. We agreed a split&#160;&#160;<br> <br> Now we have broken up, we agreed a settlement figure and he signed away all claims to the house and any prior agreement. Now i want to remortgage, the new bank is saying they need the restriction lifted before they will act further.&#160;<br> <br> 'no disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.'<br> <br> What form is required? As i have a signed letyer from him confirming our settlement, surely I can submit a form Rx3 and ST5 with the settlement document as evidence the restriction is no longer valid, without the need to involve him via the RX4 form?&#160;<br> <br> Thanks&#160;
Posted Mon, 29 Sep 2025 06:38:36 GMT by Nimish Patel
Hello David - An application in form RX3 accompanied by form ST5 would be acceptable for cancellation of the restriction as set out under section 3.7.3 of our <a href="https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register">Practice Guide 19</a>.&#160;&#160;

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