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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.

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Home Rights Charge on title

  • apower
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24 Apr 12 #326202 by apower
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also my partner has already offered her a settlement of £3,500 which has been refused.
so we can sell and purcahse...Is it worth saying that after the sale of the property we are willing for the equity (BUT NOT STATING THAT WE THINK SHE IS ENTITLED) to be taken into consideration of the financial settlement when it goes to court and a judge can decide??

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24 Apr 12 #326205 by apower
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also just to clarify it is she did not use the RX1 form, she used the HR4 form for home rights even though its not and never has been a matrimonial home

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24 Apr 12 #326208 by dukey
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I can`t be HR4

HR1 is used to apply for a marital home rights notice

RX1 is used for other property owned but not used as the marital home

HR4 is used to remove HR1

  • livinginhope
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24 Apr 12 #326210 by livinginhope
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Having read Cookie''s post and the others I realise why selling wouldn''t be a good idea before a Settlement is agreed.Sorry,I was thinking of house/buying and selling position,and forgetting about not making it too easy for the ex to get at the cash.
I will leave it to the legally minded Wikis to comment.
I do hope you can get things sorted out quickly because you obviously need more space for the children.

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24 Apr 12 #326211 by apower
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it was a HR4 form i checked with the solictors and on the title it is registered as Notice of Home Rights under the Family Law Act 1996.
I have already sent the HR4 form and a covering letter special delivery which they would of recieved this morning about removing it, this will take time though as they have to notify her and give her 15 days to respond, this could end up taking weeks and weeks to get it removed

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24 Apr 12 #326223 by cookie2
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As Dukey says it cannot be HR4. Here is HR4: www.landregistry.gov.uk/_media/downloads/forms/HR4.pdf
HR4 is for removing a HR1 notice.

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24 Apr 12 #326224 by soulruler
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That is totally bizarre that they have registered an interest using a form which is to remove interest. I would have thought that the form would have bounced at the land registry as being invalid. Doesn''t make sense to me.

You are supposed to make your application and make it right.

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