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What are we each entitled to in our divorce settlement?

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HR1 and RX1 Land Registry forms

  • Emily M
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22 Mar 12 #319569 by Emily M
Topic started by Emily M
Helping a friend and tearing my hair out...Looking through previous threads is so helpful. Thank you all for being out there!

Friend has her Nisi and is self repping against totally uncooperative Respondent for Ancillary Relief. No form E yet from Respondent, and he did not even show at last hearing.

Judge gave my friend a strong steer that she should claim (1) 100% of marital home (joint owned with both names on mortgage) and (2) 100% of another property (100% owned by Respondent, just his name on mortgage) that he rents out. Court Order following this required her to serve her Form A on mortgagees.

General idea is that she sells both places and then does not have to rely on maintenance for 12 year-old child as he is so unreliable financially. She cannot afford to continue to live in marital home and he will not authorise a sale.

A complete angel on this site (you know who you are!) has suggested she complete Land Registry Forms HR1 (for marital home) and RX1 (for the other property).

HR1: Am I right in thinking this may not be necessary as her name is already on the title with his? They are both on the mortgage too. Or could it be necessary to cover the possibility that Judge decides to order it put it in her sole name?

RX1: Has me totally confused! There is no order or consent of any kind at present to alter the title, so am I right in thinking that she would submit this ticking 8 (E) and make a panel 12 statement?

Help please!

  • Emily M
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22 Mar 12 #319578 by Emily M
Reply from Emily M
Think I have now answered own question on HR1 - standard practice to do it anyway, even though she is already on title and on mortgage (and still in occupation), so will get on and do this.

On RX1 still flummoxed and looking for info... Please anyone? :unsure:

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22 Mar 12 #319603 by survive
Reply from survive
Hi Emily,

I had RX1 restrictions put on properties to prevent their sale or as a means to raise money throughout ancilliary releif proceedings. At the time I had a solicitor do this for me at £50.00 each one. However if you go onto the hm land registry website you will the forms under ''forms'' on the left and there is also a practice guide which should help (although having read this myself for something else it can be confusing)

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  • Emily M
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22 Mar 12 #319606 by Emily M
Reply from Emily M
Thanks, S. Not sure how to use Quotes but I am still stuck where I was before on RX1. I found a guide which was not much help. If the Judge is nudging her to claim the property but there is no consent or order in place already, I assume that she would tick 8 (E) and rely on making a statement in panel 12: Don''t have a clue what to put in the statement. I think this is one thing she might really need to pay for.
Thank you very much for your response.
Emily

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