My partner is currently getting a divorce, he is selling his flat and we have now been notified that his ex has put a register of home rights through the Land Registry.
her solicitors have even stated in a letter that they accept the property was never a matrimoial home but class it as a matrimonial asset!? The only time they cohabited in the property was for 8 months when they first intially got together and in that time they were not married. below is a timeline of their relationship and marriage which was very short.
-He bought the property in summer 2002
-He met his ex in march 2004
-She moved into the property september 2004
-January 2005 had a daughter
-May 2005 THEY SPLIT UP, SHE MOVED PUT OF THE PROPERTY AND MOVED ABOUT 150MILIES AWAY IN A COUNCIL HOUSE WITH BENEFITS - THEY WERE SPLIT FOR APPROX 9 MONTHS
-Feb 2006 got back together, she temp stayed at his mums (my partner is in ARMY)
-Mar 2006 they got married
-April 2006 they lived in married army accomodation until they split
-NOve 2006 - they had a son
-Sep 2008 - SPLIT UP
what right does she have over the property when it was never a matrimonial home, she never contributed to it and the only time she lived there was for a brief spell of roughly 8 months a year prior to the marriage and split?
Home Rights aren''t really anything to do with a claim on the property. All it does is stop him from selling it until the finances of the marriage are finalized. The letter sounds scary but really it''s just a formality.
I just dont understand how she can stop him from selling when its is not a matrimonial home? He purchased it 2 years before they even met and for the whole time they were married it was rented out...We have a buyer for the property and i am now assuming this will fall through.
This is the reason it is unwise to remain married for 4 years after separating. If he had taken action at the time, he would not be in this situation now.
He may be able to file an objection to the B94-1 on the grounds that it was never used as a marital house? But fighting about this kind of thing is not likely to be quick, stress-free or cheap. If I were him I would put my time, effort and money into getting a divorce and Consent Order instead.
It may not be matrimonial home but it is still Matrimonial Asset the same as savings,cars etc would be.
I have shares and savings which I had before my marriage and they have still been seen as matrimonial assets:(