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registering home rights over more than one propert

  • MrsSadness
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23 Aug 12 #351281 by MrsSadness
Topic started by MrsSadness
Hi all, here''s a quick question from me, I''d appreciate your advice on..... 5 properties, one in mine, the other 4 his sole name, but I have beneficial interest, their being part of marital pot. Can anyone tell me if I can apply to Land Reg re all 4 to stop him remortgaging and dissapating assets, or does it only apply to the last marital home, though we lived in all of them? And how would I find out title deeds numbers if it proves I can? All advice, as usual, very much appreciated. Thanks guys and gals!

PS, how can I stop him putting home rights on my own property as he is sure to do once he gets notification from LReg that I have registered my rights... The man only married me for my money, took years of domestic abuse for me to wake up and smell the coffee... I suppose that is why I call myself Mrs Sadness! Thanks again for any advice.

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23 Aug 12 #351286 by MrsSadness
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And yes, the problem is I am worth more than him and well aware my money will go into the marital pot! A fact that makes me very angry as a faithful loving wife who put up with years of abuse and his womanising, but that'' the way the cookie crumbles in matrimonial division of assets. I really just want to stop him selling or remortgaging the other marital properties and disappating our assets. He has already made himself voluntarily unemployed though at least pension in payment makes it easier for me now it is capitalised.. he even lied about that. So anyway, any advice, as usual, very gratefully received. Night all.

  • LittleMrMike
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23 Aug 12 #351290 by LittleMrMike
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Registration of matrimonial home rights is necessary only where the property in question is in the sole name of one spouse. Where it is jointly owned, any dealings with the property require the consent of both spouses.

Furthermore it can be used only in relation to a property which is, or has been, the marital home ; you couldn''t do it, for example, in relation to a property investment.

If you think your husband is likely to dispose of property or mortgage it, you can prevent this, but do not rely on the land registry ! The section you want is section 37 of the Matrimonial Causes Act 1973.

Well, perhaps not. You could perhaps register a pending land action against the properties.

If you want to go down this route, and if you seriously think you think your husband might try to dispose of assets to defeat your claims, then I would say you need legal advice, Mrs Sadness, and promptly. For a start, you need to establish what your share is and that requires an examination of the title deeds.

Wiki has many virtues but there are times when we have to say, this is something we can''t help you with and you need a solicitor.

LMM

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23 Aug 12 #351337 by MrsSadness
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Thank you for your kind response LittleMrMike, but sadly I am forced due to ill health and economic circumstances to be a LIP throughout. Yes, freezing injunctions, s27, I am aware of, but I think I have left it too late anyway - been seperated for far too long in that he has had ample opportunity to remortgage and liquidate the equity and dispose of it. But thank you for replying, I appreciate your time. Thanks, bye.

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23 Aug 12 #351387 by LittleMrMike
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Mrs Sadness, if there is anything I can do to make you less sad, I would be more than willing to try.

If you are self repping then the registration of pending land action is something which you could at least consider. It may not be quite as good as a freezing injunction.

The advantages are :

It is not limited to the matrimonial home ; and

It is not discharged by the end of the marriage.

You can register a PLA once proceedings have commenced in relation to property. A request for a property adjustment order or lodgment of a Form A should suffice.

This will bring to the notice of any prospective purchaser that the property is the subject of a marital dispute and it may be worth considering as a means of making it a good deal harder for your 2xb to deal with the property.

Hope this helps.

LMM

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23 Aug 12 #351463 by survive
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Hi, if you wish to prevent the sale of a property that you have interest in (e.g through marriage)but is not in your name then you need to put RX1 restrictions on the properties. You can obtain a proprties title no by going onto uk land registry site (make sure you use the .gov one) The forms can be printed on-line. The form is an RX1
You may find that someone at HM Land Registry may be able to help you complete these forms over the phone (it depends on whom you talk to, but worth a try)

Costs £50.00 per property, although may be less as I used legal help to this initially

This should make them ''safe'' until such time that your assetts are split either amicably or via mediation or using the courts

Good Luck

Survive

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24 Aug 12 #351562 by MrsSadness
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Dear LittleMrMike and Survive, thank you very much for those two most helpful posts: I so appreciate it!

LMM, chicken or pasta? LOL - I could tell you a thing or two about on board catering, and some hilarious stories pertaining to it, especially on the trans- atlantic routes, but I have to keep my identity as anonymous as I can on here!

And thank you for wishing to make me less sad - just had bad day today on here due to some comment that upset me on another thread I started, but I really appreciate your kindness. Have been overwhelmed by the amount of PMs I received by way of support to me today regarding ''that'' incident! I love this site! The whole gauntlet of human personality is here, and so many nice lovely people offering of their time, when most of them going through thier own battle. It is qutie remarkable, the commaraderie ( cant spell, too tired!) I think I may on here for a long time even when my own personal nightmare is over!

I thank you again for your time and replies, Survive and LMM.

Night.

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