caution on property

[richard 1]

My parents divorced and my father accepted 25% of the house. My mother had to maintain the house and when she moved out or died the 25% went to my father.
He re married and has now died, the 25% was passed to his new wife. She placed a caution on the house with the land registry,my mother need to sell the house what do we do to remove the caution.

Thanks for your help.

[badgerchops]

definately one for a solicitor as you don't wanna get this wrong for your mums sake. even if it did go to his new wife i am sure it can be argued.

[badgerchops]

http://www.landregistry.gov.uk/assets/library/ documents/wct.pdf

[themas]

She presumably put the caution on to make sure the house wasn't sold without her getting her share. The solicitor dealing with the sale should sort this out. He/she should arrange that the money from the 25% share is paid by him direct to the new wife on completion. In return, she agrees to lift the caution. (This assumes the new wife has to be paid on the sale, and that the 25% can't be transferred to another house.)

[Ethel]

It isn't worth the cost of arguing, badger.

The ex-husband was properly awarded 25%. Had the money been available immediately he would have received it there and then.

The fact that he had to wait is neither here nor there. His 2nd wife is now properly entitled to the money, just as if it was cash under his mattress at the time of his death.