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24 Apr 12 #326287 by cookie2
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Yes I am sure she will object too. And if your grounds for the objection are as you state, you''ve ticked the box "the spouse or civil partner having the benefit of the rights has signed the release below", and she clearly has NOT signed the release below, then I think her objection to your objection will be upheld.

To be honest I think you''re barking up completely the wrong tree here. Rather than spend time and effort on the HR1, you should be getting the divorce and the finances of the marriage sorted. Then you can simply send the HR4 together with the Decree Absolute and she''ll have no grounds to object.

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24 Apr 12 #326297 by apower
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his solictors are dealing with this at the moment and are in the process of discussing the notice with her solictors so that is all in hand. At the end of the day id the notice isnt removed, and we cant come to an agreement about the removal of the notice, we will take it to court ASAP, if we lose this buyer we stand to lose an estimated £10k in equity plus costs we have incurred so far

I am just trying to cover all angles with the HR4 form and surely if we had no grounds to object they would of said so this monring and wouldnt of served her notice of our objection.

The land registry have NOT rejected our objection in the HR4 form which they can do if they think it is a groundless claim/objection... this is what they have told me, so i dont think its a waste of time.

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24 Apr 12 #326302 by cookie2
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Good luck, I think the only winners here will be the solicitors.

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24 Apr 12 #326312 by apower
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yes but arent they usually the ones that benefit! Thanks :)

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24 Apr 12 #326344 by survive
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Just a thought on this subject, as it sounds like it could get really messy.

Until you are legally divorced and a Consent Order agreed either mutually or as part of an ancillary releif hearing, I don''t think you can just sell property becuase it was in your name and you owned it prior to marriage. Normally, all assetts become marital assetts and "go into the pot" for distribution. Unless it was a really short marriage.

I really understand your predicament here, but be careful about trying to take the law into your own hands as it may backfire on you. It would be far better to get a proper agreement drawn up on the split of assetts.

I appreciate you may lose 10k but in the long run, if this all ended up in court with a FH, it would cost more than that in legal fees alone.

Good Luck

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