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b94-1 Notice / HR4 Form

  • Seeking_Legal_Help
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28 Mar 21 - 28 Mar 21 #516305 by Seeking_Legal_Help
Topic started by Seeking_Legal_Help
My wife filed a BN94-1 Notice around 5 years ago as we agreed to ensure i was unable to sell my property without ensuring she was provided a % of the property sale.

We are now in the position to sell and i wish to simply sell and make payment on sale date.

BUT the B94-1 is still in place and i assume will appear in searches and cause an issue for the buyer.

So, this is purely amicable, what's the cheapest, simplest and more importantly quickest way to simply remove the notice and for me to pay a sum of money to my ex-partner of sale day.,

The assumption is the HR4 form (ATTACHED) ? she fills out? (it feels like it can only be canceled by a conveyancer) Is this correct? We didn't go legal so have no Consent Order or even Decree Absolute yet (we may have this but both of us need to check?)

Without these is there a box on the HR4 to tick that simply says - just remove it, without any evidence from her that it can be? Simply - remove - it's amicable, he is going to pay me?
The form states this - with a box to tick next to each option under a b or c do you simply tick BOX A and that is saying, I don't seek to have rights anymore?

File Attachment:

File Name: HR4__2018-05-25_.doc
File Size:68 KB

Evidence in support of application

A. The spouse or civil partner having the benefit of the rights has signed the release below

B. One of the following is enclosed
Original or certified copy death certificate or other evidence of the death of either spouse or either civil partner.
Official or certified copy of the decree absolute or nullity of marriage.
Official or certified copy of the order of dissolution or nullity of civil partnership.
Official or certified copy of an order of the court ending the home rights.
A release of the home rights in writing by the spouse or civil partner having the benefit of those rights.

C. Any order under section 33(5) of the Family Law Act 1996 has ceased to have effect.

Then there is panel 6 - which looks like it can only be filled by a solicitor?

This panel must always be completed.A key number is only available to professional customers, such as solicitors.This is the address to which we will normally send requisitions. However if you insert an email address, we will use this whenever possible.

6This application is sent to Land Registry by Key number (if applicable): Name:Address or UK DX box number: Email address:Reference:

So how do you this without a solicitor?

Any help urgently as both seeking to sell property and remove this before seraches and Stamp duty holiday finishes.

thanks anyone
Last edit: 28 Mar 21 by Seeking_Legal_Help.

  • wikivorce team
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29 Mar 21 #516308 by wikivorce team
Reply from wikivorce team
As far as completing the HR4 form then I believe that you fill it in as you suggest - ticking box A and she completes and signs the "Release of home rights" section.

As a separate matter you should arrange for a Consent Order and within that document you will commit to paying her a fixed amount or percentage from the sale.

From her perspective she would likely be advised by a solicitor to get the Consent Order approved by the court and then sign the HR4 (in that order).

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