Hi, I have a question regarding home rights on another property that is not the marital home.
I left my husband (he has 2 children, 12 and 13) and took my two children with me (14 and 15). We've been married 7 years. He has 3 properties and I have one abroad. We lived in 1 and the other 2 are rented. I am not working as I gave up work when we got married, he wanted me at home with the kids.
We went to divorce mediation in August 16 and was meant to go back in Nov 16 to go through the Financials but he cancelled the appointment and is giving me the silent treatment again
When I left him I went to live with her. I registered home rights at the house that was rented by my daughter as I could not live with him anymore (narcissist). Land registry sent me an Official copy of register of title 'Notice of home rights under the Family Law At 1996 in my favor....'.
One of the houses was rented to my daughter (her partner and children also live there) and he was/is her landlord, she is being evicted by him. He has a possession order and the evicted will take place in a couple of weeks by bailiffs. The eviction notice says her name and all other occupiers. The Housing department at the council told her that he can't evict me because I have home rights and that she can live with me after he has evicted her as I can have who I want live with me.
I think, Vybs, that you do not fully understand matrimonial home rights.
It applies in a situation where the marital home is in the sole name of one spouse.
In such a situation, the non-owning spouse doesn't have the right to live in the marital home by virtue of her ownership ( because she isn't the owner or even a joint owner ) but because husbands and wives have a duty to support each other and keeping a roof over your wife's head is a very important part of that duty.
Matrimonial home rights apply only to the marital home and not, for example, to the family holiday cottage in Sunnycliff-on-Sea.
The point is that, where the marital home is in the sole name of one of the spouses, that spouse can sell or mortgage the house without the other being aware of it.
So, if the marriage is heading for the rocks, it is prudent for the non-owning spouse to register matrimonial home rights to prevent this.
You can't register matrimonial home rights against property which is rented.
As regards the Housing Department, my long experience in local authorities has convinced me that some of them either don't know what they are talking about, or they do know, but they rely on the ordinary person's lack of knowledge and bamboozle them into
believing that they have no rights, when they have.
I very much sympathise with Housing authorities who are starved of resources by a Government that puts duties on them and then denies them the funds to carry out those duties.
What they are telling you seems tor me a load of eyewash, not to put too fine a point on it.
My advice is to find your local branch of Shelter. If someone has dependent children, (s)he is likely to have a priority need for re-housing. Make an appointment with them URGENTLY.
On reading this through I discovered an inaccuracy. I think it would be possible to have matrimonial rights in a rented property, but only if the house is question is, has been, or was intended to be, the marital home. ( Section 30(7) Family Law Act 1996 ).
Correct me if I'm wrong, but I don't think the house occupied by your daughter ever was the marital home.
I'm afraid I have to agree with LMM. Your MHR may not be as secure as you think. I speak from experience of having MHR entered on a rental property which was never the matrimonial home or ever intended as a matrimonial home. I was able to remove the MHR charge with little difficulty after evidencing that this was infact a rental property.
In your case you do live there with your children. But for it to have been considered a matrimonial home for the purposes of a MHR charge you would have intended to live there with your spouse or have lived there with your spouse at some point. From what I can see, you only moved in post [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]separation[/url], therefore this is not the fmh.
If this is the case all your husband would need to do is submit the necessary form to the land registry with supporting evidence such as tenancy agreements since ownership and a buy to let mortgage and they will remove the charge that protects your position.
Sorry I don't want to scare you, but I do think you should be aware of the potential pitfalls. I don't know your exact circumstances, but Is the fmh in joint names? If not I would suggest registering MHR against that and seeking advice about getting an occupation order for the FMH.
1, The right to restrict the matrimonial home, the title that is, form HR1, any married couple can do this if not tiled as LMM and Bubblegum have said - so this is the family home the married couple live in, the restriction doesn't actually prevent sale but does mean the buyer could not live in the property until the restriction is removed.
2, Other property owned as joint matrimonial assets can also be restricted by using form RX1 from land registrar, this form states an interest in none titled property that is in dispute,similarly to the HR1 application.
Do be aware that if applications to posses a property can be escalated to high court at very little cost without notice, this however would not necessarily effect the final financial division.