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Tenant in common form k restriction
Tenant in common form k restriction
Posted
Wed, 15 Apr 2026 00:17:55 GMT
by
Sam Jones
I am supporting someone who was previously married and still owns a house with their ex. They have fought a court case to finally be allowed to sell the former matrimonial home. The ex is a bad debtor and owes the CMS plus 2 other creditors and all 3 have restrictions against the ex’s beneficial interest in the property. There is not enough equity in the ex’s share to pay all 3 creditors. The conveyancer is suggesting this could prevent the sale if the creditors do not agree to provide certificates and is frustratingly reluctant to speak to them. The ex had also gone into hiding to avoid his debts. However it is my understanding that the sale can proceed and that the creditors cannot veto the sale just because they won’t be paid in full. Is this correct?
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