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What are we each entitled to in our divorce settlement?

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B94 Land Registry and settlement question

  • Rotunda
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10 May 12 #329786 by Rotunda
Topic started by Rotunda
Hi all;

Hoping you guys can offer some wisdom....

I got my Absolute in Oct 2011, but without financial agreement as ex was messing about..

I notified ex that house (in my sole name) and which I continued to live in would be going on the market in Nov 2011. No response from their solicitors about this.

The property went on sale, and I have just received a very decent offer which I accepted. Of course, four days later, Land registry notice from ex appears in the post so I now cannot sell.

I have written to ex''s sols to point out that is in both our best interests to allow property to sell, as only funds I have for settlement are within the house, and I am unlikely to get a better offer any time soon.
With this in mind, i have asked that they lift the notice to permit sale.

Obviously, I have paid for mortgage arrnagement fees and surveys on a cheaper property, and so halting sale now leaves me seriously out of pocket.

Am I within my rights to say that if they do not permit the sale to go through, that I will be deducting my out of pocket costs relating to lost sale from any settlement figure? I find it disgusting that sols waited 5 months to spring this on me, when i have been totally transparent and honest with them throughout....

thoughts please?

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10 May 12 #329807 by Rotunda
Reply from Rotunda
Also, am I right in thinking that since I already have an Absolute, and there are no further court orders relating to finances, that I can simply submit an HR4 form to Land registry to have this notice lifted??

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10 May 12 #329832 by cookie2
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Yep, that''s what I did. You can send the Absolute to the Land Registry and have the home rights notice removed.

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