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Home Rights Charge on title

  • apower
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23 Apr 12 #325927 by apower
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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?

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23 Apr 12 #325931 by cookie2
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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.

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23 Apr 12 #325955 by apower
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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.

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23 Apr 12 #325957 by dukey
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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?)

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23 Apr 12 #325958 by cookie2
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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.

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23 Apr 12 #325959 by livinginhope
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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:(

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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

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