A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Home Rights Charge on title

  • apower
  • apower's Avatar Posted by
  • Junior Member
  • Junior Member
More
23 Apr 12 #325927 by apower
Topic started by apower
Hi
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?

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
More
23 Apr 12 #325931 by cookie2
Reply from cookie2
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.

  • apower
  • apower's Avatar Posted by
  • Junior Member
  • Junior Member
More
23 Apr 12 #325955 by apower
Reply from apower
Hi,
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.

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
23 Apr 12 #325957 by dukey
Reply from dukey
What notice is charged HR1? or other, a marital home rights notice can only be placed on property they actually lived in, check the detail, it could be RX1 (is it RX1?)

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
More
23 Apr 12 #325958 by cookie2
Reply from cookie2
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.

  • livinginhope
  • livinginhope's Avatar
  • Platinum Member
  • Platinum Member
More
23 Apr 12 #325959 by livinginhope
Reply from livinginhope
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:(

  • apower
  • apower's Avatar Posted by
  • Junior Member
  • Junior Member
More
23 Apr 12 #325998 by apower
Reply from apower
on the title it is registered as Notice of home rights under the family law act, but she never lived in the property while they were married

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11