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The top three questions we receive from members of the public about changes in home ownership are in instances of:
- death;
- marriage; and
- divorce.
We have already written about what to do when a property owner dies, so in this blog we’ll focus on how divorce may affect your most valuable asset, your home.
Property will often be central to a divorce settlement, though what happens to an existing home will depend on the divorcing couple.
Dividing assets
Identifying and valuing all assets is part of the process of working out what there is to divide. The home and any other properties will be included in this, regardless of whose name the property is in.
Buying your partner out
Whatever is decided is unique to every situation, but often one spouse buys the other out and keeps the house. This means that the owners have to transfer ownership from joint names to a sole name.
If you have a mortgage, you would need to involve the lender in the process and in some cases may need their consent or action to switch the mortgage from joint to a sole name. Lenders will usually insist you use a solicitor to complete the changes.
Selling the property
Another possibility is that the property has to be sold and the proceeds divided between you. HM Land Registry doesn’t get involved in valuing a property. If a couple can’t agree upon a value, you may need to obtain a report from a local estate agent or surveyor giving a market valuation.
Right of occupation
If your spouse or civil partner is the sole owner of your home, you can protect your right to live there by registering a notice of home rights. There is no fee for this. It is particularly important to do this if you think they might sell or mortgage your home without telling you. We must tell your spouse or civil partner that you have made the application. NB A notice of home rights doesn’t protect any financial stake you may have in a property – you may want to seek legal advice if you wish to do this.
If your home is unregistered, you can protect your right by registering a ‘Class F Land Charge’.
Cancelling rights to live in the matrimonial or civil partnership home
Your right to occupy the home may come to an end by:
- divorce or annulment of your marriage;
- dissolution or nullity of your civil partnership;
- death of your spouse or civil partner;
- order of the court; or
- release in writing by the person who has registered the notice.
When the rights come to an end, you should cancel the entry protecting your rights. If your home is registered you can apply to cancel the notice by using form HR4 (there's no fee to do this).
For more information see: Staying in your partner's property during a divorce or separation
327 comments
Comment by Chicksa posted on
I have foreign divorce on my hands and want to lift the notice that my ex-spouse had registered on my pre-marital property. Land registry wants to prove validity of the overseas divorce. How will you do that?
Comment by adamh posted on
Chicksa - it is for you to demonstrate that the divorce is legal by submitting sufficient evidence to support the application.
So if there were divorce proceedings overseas we need evidence of that
Comment by Chicksa posted on
Thank you Adam. Will apostile translated court decision be enough? Or more in depth transcripts are required?
Comment by adamh posted on
Chicksa - we won't know until you submit the application I'm afraid as we would view the whole thing on merit.
If you have evidence that when translated demonstrates that the divorce has taken place and that it would be recognised under English law then it should be fine.
In depth transcripts may be needed but that depends on the level of detail provided in the apostile translated court decision I suspect.
Comment by Joanne Paladina posted on
Legal titles of matrimonial home is in both our names( myself and ex spouse)
There is a restriction attached( Declaration of Trust for myself ,my ex spouse and our daughter as beneficial joint tenants. Trust was created when my daughter was 15, hence the trust.)
After divorce,the court ordered that ex spouse share of the home to be transferred to me, meaning:
my share: daughter is 2/3 :1/3
Judge says if ex spouse refuse to transfer, the court will sign the necessary papers to effect the transfer.
What are the application forms necessary for the transfer?
( bearing in mind that the previous restriction requires removal)
Thank You.
( advice very much appreciated)
Comment by adamh posted on
Joanne - our online guidance explains how to transfer the ownership
https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
Removal of the restriction will require an additional application in form RX3 and evidence to support it's removal
https://www.gov.uk/joint-property-ownership/change-from-tenants-in-common-to-joint-tenants
Comment by Rach posted on
In 2011 I seperated from my husband and divorced in 2012 who had a mortgage in his sole name. The title to the property is in his name, he died in August this year and his daughter lives in the house. There is an interim charging order to MBNA on this property.
My questions are: do I still have rights to my former home, can I live there as since divorce me and his children have been in rented accommodation? Am I now responsible for any mortgage outstanding etc
What is my next step?
Comment by adamh posted on
Rach - I'm afraid we cannot answer any of those questions for you and you would need legal advice to understand what rights you have
From purely a registration perspective the rights afforded to a spouse, as explained in this article, end with divorce so would not apply in your situation.
In my experience issues around the home and mortgage are resolved at the time of the divorce. What happens later re a death and the children though is not an area we deal with. If legal advice is not an option you could try online forums such as Money Saving Expert or Mumsnet for example to see if anyone can share any thoughts from their own experiences/understanding
Comment by kate posted on
I am in the process of buying a house. However, it has come to light that there is a notice of rights that was applied by the previous owners of the current vendors over 30 years ago. This wasn't removed by the current owners, and now my solicitor has advised that this has to be removed before we can purchase it. We were due to exchange and complete next week, is there any way this can still happen? I.e. can we get this removed after the purchase has completed?
Comment by adamh posted on
Kate - all depends on the circumstances and what the notice of rights is seeking to protect. If it is no longer a valid interest then removing it may be quite straightforward although it may also mean we need to write to the protected party to confirm.
Your solicitor should be able to advise as the devil will be in the detail re the entry and what it is seeking to protect
Comment by kate posted on
Thank you so much for your prompt response. As far as I know, the couple were going through a divorce, so it was to ensure that the house couldn't be sold without both parties consent. So in my opinion, as the house was sold by the couple over 30 years ago, it should now be invalid? Our solicitor hasn't been most helpful after we complained about the lack of action and communication some weeks ago, so I get the feeling she isn't bothered if we don't complete on specified date. She has requested that the seller's provide a decree absolute from the courts for the previous couple, and fill in an hr4 form. Is there any quicker solution?
Comment by adamh posted on
Kate - if it's a Matrimonial Homes Right Notice then HR4 and a copy of the decree absolute is the way to go here. If they have long since moved on that is probably the quickest way of getting a copy of the decree absolute and we need that as proof that the divorce has happened so the rights are no longer valid.
Odd that the seller had not sorted this as odd to have moved in when someone still had a right to live there as well but perhaps they thought their solicitor had dealt with it as well
Comment by legalsimon posted on
Hi my friend had joint ownership of the matrimonial home with his wife. They divorced 5 years ago and she agreed in the Divorce Petition to give up her beneficial rights to the home.
His solicitors did not alter the land registry. It has now come to light that she is still on the official copies as a registered proprietor and as a party on mortgage deed. He now wants to sell the house and her whereabouts are unknown.
Any suggestions? Thank you
Comment by adamh posted on
legalsimon - she will need to be traced and then be a party to the Transfer (sale) deed.
There are circumstances where a judge can get involved if someone is missing presumed dead for example but it reads as if that is a point not yet reached.
Comment by legalsimon posted on
thank you for your kind help.
Comment by Damian McCoy posted on
Hello I am divorced and as part of my financial separation I agreed to a charge on my former property. I am now in the process of purchasing another property to live in, but have been advised that I may be subject to capital gains tax, also increased stamp duty as a second home. I am struggling to find an answer on this. Does anyone know?
Comment by adamh posted on
Damian - this won't be something we are involved in so we cannot advise.
I would suggest making wider enquiries online such as on Money Saving Expert's public forum where such matters are often discussed.
Although there are lots of comments on this blog it is not used as a forum so it is very unlikely that others will offer comment I'm afraid.
Comment by Ian posted on
Becca - To some extent what happens depends on the circumstances of each case, but generally speaking these rights only continue during the subsistence of the marriage unless continued by order of court.
Please use our 'contact us' form http://landregistry.custhelp.com/app/contactus_general/ to give details of the property and we'll look into this and get back to you.
Comment by JBaller posted on
Could you please advise whether someone is obligated to sign an HR4 form relating to the property of a now ex spouse or whether it is simply for that party, as sole owner, to provide proof of the divorce by way of decree absolute etc, thus removing the need for the divorced parties to come into contact?
Comment by adamh posted on
J Baller - getting the ex spouse to sign a release is just one of the available options. It is not compulsory so I would suggest using one of the other options on the form as appropriate
Comment by jen posted on
Hi,
my parents divorced over 20 years ago, dad agreed to sign the house over to mum, papers were drawn up, but mum never got around to filing them. Mum passed away and left the house to me & my brother but dad is claiming the house as his. Is he within his rights as his name was never legally removed from the deeds, but he had nothing to do with the house for over 20 years.
Comment by adamh posted on
Jen - one to discuss with a solicitor I'm afraid as we cannot advise you on the law on such matters.
The key is likely to be what the papers you refer to are and whether they constitute a legal transfer of the ownership and can now be registered. A legal Transfer would be a legal deed executed and dated by them for example but that si where the solicitor's advice would come in
Comment by Kathleen hervo posted on
Hi me and my ex divorced 19 years ago and he has been living in the marital home which is a joint morgage, he has recently found out he is dying, is he able to sign the whole house over to his brother even though the deeds are in both his and my name,
Thx kat
Comment by AdamH posted on
Kathleen - any transfer must be of the whole as you can’t transfer a share of the legal ownership. So you’d both have to transfer the whole
Comment by Kat posted on
Thank you for your reply, so does that mean he can't sign it over to his brother even though I had anything to do with the house in so long but I kept my name on the morgage, I'm just trying to find out for sure before I do anything
Comment by AdamH posted on
Kat - we can't give you legal advice but from purely a registration point of view if it is registered in your joint names then any change to that whilst you are both alive would require you both to transfer it. He could not transfer it on his own.
Where you need advice is to unravel what the legal position is as being on a mortgage and being registered as a legal owner can have different impacts. You said in your first post that the deeds are in your joint names. So if you mean the register says you are joint owners that is very different from say it being in his sole name but you are on the mortgage. Suggest you check the specific details and seek legal advice
Comment by tasie posted on
How long does it take to process a home rights notice once someone has made an application?
Comment by Ian posted on
Tasie - If the application is in order our standard time for completion of applications is 5 weeks, but these types of application are usually completed quicker than that. There may be a delay if we need to query something with the applicant or the solicitor lodging the application on their behalf, in which case we won't be able to complete it until that point/issue has been resolved.
Comment by Ian posted on
Tasie - Please see our guidance which gives more detailed background on the protection if these rights - https://www.gov.uk/government/publications/applications-under-the-family-law-act-1996 . The guide is written for the legal profession and may therefore contain some unfamiliar legal terms. Section 7 refers to when the rights may be brought to an end, but it's best to get some independent legal advice from Citizen's Advice or a conveyancer, such as a solicitor, on how the law applies in your case.
Comment by Al-Khan posted on
I'm divorcing and the marital home is in my spouse name. I registered my
home rights at the land registry. However, I do not want to apply for beneficial interests. If I cancel my home rights before
the divorce decree absolute, will anyway the property be included in the
evaluation of all assets? thank you
Comment by adamh posted on
Al-Khan - you will need legal advice on that aspect I'm afraid. We can only advise on how to register the Notice and/or remove it. We are not involved in the specifics of the divorce and evaluation of assets.
Comment by Alice Smith posted on
I am currently in the process of divorcing and I would like to sell my house and then divide the earnings between my spouse and I. I just want to get my divorce over with though and I was wondering if you have an opinion of which way is best for divorce, and also affordable. I want to do an online divorce with Thistoo ( http://www.thistoo.co for reference) but i don't know how well online divorces handle finances. Your opinion would be greatly appreciated! Thank you
Comment by adamh posted on
Alice - we can't advice on the divorce process itself so if you are looking for wider online advice then I would suggest trying forums such as Money Saving Expert and Mumsnet
Comment by Pamela Birch posted on
We have a problem with my mum's ex husband. They divorced 8 years ago with my mum keeping the house. She has now died but when we are selling the property the home rights were not removed by her ex. After letters to ex with no response we are stuck in limbo not able to sell property. Can the home rights be removed without his signature because he will never sign can we use rx3 to do this. We have now found out he has said he will not sign the papers.
Comment by adamh posted on
Pamela - if they were divorced then you should complete a form HR4 along with a certified copy of the decree absolute
https://www.gov.uk/government/publications/cancel-home-rights-registration-hr4
Have a read of sections 7 and 8 to understand how such rights can end and how to remove the notice
https://www.gov.uk/government/publications/applications-under-the-family-law-act-1996
Comment by Kim Edwards posted on
How long does it take to remove home rights notice? FORM HR4 has been signed and sent to.solicitor and hopefully land registry. Urgent as meant to exchange and complete on house by next week.
Comment by adamh posted on
Kim - the average is 6/7 working days currently. That timescale can be extended by 15 working days or more if we have to serve notice on the spouse. We tend to only serve notice if the cancellation is based on a signed release. In cases where the marriage has been anulled no notice is served
Comment by Jenny posted on
my ex husband and I have been divorced for 5 years now, I stayed in the marital home and he kept his ISA, pension etc, all very amicable. we understand that we cant just take his name off the mortgage and I cant afford to buy him out so we want to change from joint tenants to tenants in common and register a 95% to 5% with me holding the larger share, we know we can change from joint tenants through the land registry but can we arrange a different split than 50 50 just through the land registry?
Comment by adamh posted on
Jenny - we don't register the % shares but you can apply to change how you hold the property as joint tenants (see guidance). The % split is often recorded in a separate deed or declaration of trust and held by the joint owners and/or their solicitor.
https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common
Comment by Jenny posted on
thank you for the information, at section 10, would we complete the 3rd box and still note split even though the split isnt registered ? or just tick the 3rd box
Comment by adamh posted on
Jenny - the third box is there for you to add what details you want to. We can't tell you what to put but I would not would not tick option 3 and leave it blank. Have you read our online notes re how to complete the form TR1? https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1/guidance-completing-form-tr1-for-the-transfer-of-registered-property
Comment by Viola Gordon posted on
I am the respondent in my divorce proceedings. The petitioner registered my property of 10 years as the marital home at land registry. We now have the Decree Nisi, just waiting for the Decree Absolute. Can I apply to have the charge removed, with the Decree Nisi, even though the petitioner lodged it? His name is not on the mortgage. Can you help?
Comment by adamh posted on
Viola - do you mean the property is registered in your sole name and that your ex-spouse registered his rights of occupation? If so you can apply to remove the notice using form HR4 and a copy of the decree nisi
https://www.gov.uk/government/publications/cancel-home-rights-registration-hr4
Comment by Viola Gordon posted on
Hi Adam,
Thank you for getting back to me.
Yes the property is solely in my name and he registered his rights of occupation.
Fabulous, so I just fill in the HR4 form and send it off with a copy of the Decree nisi? The absolute should happen on Wednesday 14th.
Comment by adamh posted on
Viola - correct. The link to the form also links you to the postal address for your application. Send an official or certified copy of the nisi
Comment by Viola Gordon posted on
Thank you!!
Comment by SteveG posted on
My Dad passed away a few months ago and we're in the process of selling his house. He divorced 30 years ago and my Mums solicitor insisted on a rights of occupation on the house which was never removed. The buyers solicitor is now insisting this be removed. What's the quickest way to do this via HR4? My Mum is happy to help by writing a letter, or do we send in the DA with the form instead? I'm a bit confused how they will even know she is the same person without ID, as she remarried and now has a different surname, address and signature! Thanks.
Comment by adamh posted on
SteveG - HR4 is the correct form along with an official copy of the decree nisi/absolute. You could also submit it with an official copy of the death certificate.
I assume the issue re names now being different would not be relevant to the decree or death certificate.
Comment by SteveG posted on
Great - thanks Adam.
Comment by Ian posted on
Hi. In general terms, someone will only be able to seek protection under the Home Rights legislation during the subsistence of the marriage, unless an order of the court directs otherwise.
Please our guide which may be interest but please bear in mind that it is written for legal professionals and may therefore contain some unfamiliar terms - http://bit.ly/2dBrrv8 .
Comment by Ian posted on
You're welcome.
Comment by John posted on
I am divorced. My divorce states that the matrimonial house is completely my (ex) wife's. However she had 56 days to take my name off the deeds. She never did - do I have any say over the equity when she sells?
Comment by adamh posted on
John - not something we can help with I'm afraid as it's legal advice you need.
To get your name off the title the two of you would need to transfer the ownership https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
Comment by Susana posted on
Hello
I need some advice please. I got divorced in 2008 and the courts awarded me my flat. My ex husband filled out a TR1 form to transfer the property to me. My mortgage lender refused to put the mortgage just in my name as I was unemployed due to ill health. I have been with my current partner 8 years and would like to add him to my mortgage and remove my ex husband. The TR1 form has now expired and I cannot find my ex husband as he lives in South Africa. I am really stuck and was wondering if anybody had any advice or is this a loosing battle. Also the bank says that I can add my current partner and it would be a new mortgage, but as for the Deeds I would have to find my ex husband which has proved impossible.
Many thanks
Comment by adamh posted on
Susana - you need legal advice here as if you cannot trace your ex then you will normally have to go to court to prove he cannot be found. We can't make that judgement and it has to be a court which considers the evidence. This tends to be the approach where someone is 'missing assumed dead' so it's important for your solicitor to be involved to advise on the weight of evidence you are likely to need.
it may also be worth asking the solicitor about the filled in TR1 as well. You say it's 'expired' so you may have already done so of course although the key tends to be whether they were completed correctly and executed.
Comment by Emsee365 posted on
I am in need of advice.
i have placed a home right notice on the property. my wife who is now occupying the house needs to move the mortgage over to a new company as it will allow her to decrease the amount each month to pay the mortgage.
its a significant reduction allowing her to be able to afford to live there but the mortgage company will not take on her mortgage due to the notice placed on the property.
does it need me to remove the notice using a HR4 or is there a way that i can approve the move?
Thankyou
Comment by Ian posted on
Emsee - As a possible alternative to removing/cancelling the notice, you may agree to the postponement of your home rights to any other mortgage or interest in the matrimonial home. This is set out under paragraph 6 of Schedule 4 to the Family Law Act which is the legislation which governs this process. The postponement may be contained in:
- the subsequent mortgage which you will have executed
- incorporated in a separate written document or letter signed by you.
We cannot advise you as to which option to take or on the correct form of wording required under the above legislation. So we would suggest discussing this further with parties involved and/or consider taking some independent legal advice from Citizen's Advice or a conveyancer, such as a solicitor.
Comment by John posted on
Hi
My name is currently being taken off the title deeds of a property I owned with my ex wife (who still lives there). I never lived there. If I buy another house before my name is taken off the title deeds, does that mean I am liable for the higher stamp duty charges?
Comment by NimishP posted on
Hi John
I would suggest you speak to HM Revenue & Customs with regards to Stamp Duty Land Charge. It is not something that we would be able to answer.
Comment by Sonja Walker posted on
Hi
I am divorced from my husband. We were originally going to sell the property but now I am going to buy him out. Can I change land registry without my mortgage company being involved. I have been paying the mortgage for 15 months and can afford to but the lender probably won't authorise the mortgage. Ex is ok with staying on the morgage but I want him taken off the legal owenership of it.
Comment by NimishP posted on
Hi Sonja
You would need to examine your title register to see if there is any restriction on the title in favour of the lender. If there is a restriction, then we would require the consent or participation of the lender in order to register the transfer from you and your ex-husband to you only.
I would strongly recommend you seek legal advice before considering any action.
Comment by Dee Boscoe posted on
HI, my husband left the family home in 2009, divorced in 2012. The family home was given to me 100% in divorce court settlement.
. I have been trying to sell since 2013 but my ex refuses to take his name of the deeds. I have my divorce solicitors helping me take him to court to sign for him but they have told me i now need to complete a TR1 form and will need a conveyance solicitor. I already have permission to take exs name of deeds from the mortgage company with no mention of having to use a solicitor. If i remember right my ex put something on the deeds during our split to stop me selling . Is this the only form I need or do i need to fill more in and will I need a conveyance solicitor as my fianaces are at breaking point now. MANY thanks
Comment by adamh posted on
Dee - what normally happens here is that the court orders the transfer from joint to a sole name and expects the parties to then do exactly that. There will always be a need for a legal transfer of ownership using a form TR1.
If it does not happen, say one party refuses, then you usually go back to court and the judge, if satisfied, may execute the TR1 in place of the other party.
You don't have to use a solicitor although in such cases they are often involved as the transfer is part of the wider divorce for example
Our online guidance explains what forms are needed and how to complete them. Add in the court order to the mix and you have what is needed as and when the TR1 is executed. https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
A solicitor is familiar with the forms and processes so we always recommend using one but it is not compulsory. If you have any problems filling in the forms or understanding the registration process then you can ring our support team on 0300 006 0411. We can't give you legal advice though
Comment by adamh posted on
Dee - if it was a Matrimonial Homes/Family Law Act entry then form HR4 and an official copy of the decree absolute should enable it to be removed https://www.gov.uk/government/publications/cancel-home-rights-registration-hr4
Comment by Dee Boscoe posted on
great, many thanks for all your help.
Comment by adamh posted on
Als - I assume you mean that you have a HRN in your favour. If so then that would not, from purely a registration perspective, impact on your ability to buy a new property. You would need to contact HMRC with your query on stamp duty
Comment by Als posted on
Yes I have one which requires removing on the final divorce payment arriving. I have found a house so will need to cancel the HRN which presumably shouldn't be too hard to do but wasn't sure if the notice would hold me up for completing on the house I wish to buy. Do you know roughly how long it would take to cancel the HRN? Also whether I could send a letter/form requesting the date that it is cancelled from in advance? Thank you.
Comment by adamh posted on
Als - the purchase/completion process happens before anything is registered so I would suggest speaking to your solicitor as to whether it impacts or not. It won't from our perspective as explained.
A HRN can be removed in a number of ways although the two most likely to apply here are probably when the divorce is finalised and you have the decree absolute OR you cna release it yourself. Often the divorce/property are intertwined so the next steps don't happen until the divorce is agreed/settled for example so often you wait for the court order. Again your solicitor can advise.
In either scenario, release or decree absolute the timescale is roughly 10 working days providing all is in order
Comment by adamh posted on
Anna - that will depend on what the court has ordered so best speak to your own solicitor or get legal advice. If the decree absolute has not been given then they will need you to release your notice on the title but I don't believe that you will need to sign any sale papers but again something to check with a solicitor as what you man by sale papers will be relevant.
Comment by Hammyk79 posted on
My wife wants a divorce, the house was in her name but then I got added to registry & mortgage as I paid it for 10 years. We then remortgaged to get an extension. I believe 95% is in her name & 5% is in mine but I only get that if the house is ever sold. Does that sound correct ?
Comment by adamh posted on
Hammy - it could be but we don't register the % shares I'm afraid
Comment by adamh posted on
Sarah - I'd suggest checking what was submitted to transfer the ownership to the current owner and if appropriate then get legal advice. Use our contact form to submit the specific details re the property/title number and ask us what we have on record re the Transfer/sale. We will email back to explain what is available and how you can apply for copies as appropriate https://landregistry.custhelp.com/app/contactus_general/
Comment by Adrian posted on
I am currently separating from my partner (with child of 5yrs old) . They are staying in the current family home that I solely own. I am wanting to buy a home for me to live in. Do I need to pay the additional stamp duty as if a second home?
Comment by adamh posted on
Adrian - not one we can cover I'm afriad. You need to contact HMRC re SDLT enquiries
Comment by klongson posted on
My partner has been divorced for 2 years and her ex lives in the family home , which is for sale. What happens if it does not sell as we are renting until we can use the sale to but another home.
Comment by adamh posted on
Klongson - I'm afraid we can't advise you as we register the purchase but don't deal with divorce or similar issues. I'd recommend seeking legal advice or try online forums such as Money Saving Expert where such matters are aired and discussed
Comment by Bee posted on
my spouse has already transferred the marital home to his parent's name before divorce - is there anything i can do?
Comment by adamh posted on
Bee - you need legal advice I'm afraid to ascertain whether you have any interest in the property that can be protected on the register or with regards the separation/divorce.
Comment by Katie posted on
I am selling my house but ex husband as applied for home rights long back. now we are divorced completely...it shows in title... how does it affect the sales process...
Comment by AdamH posted on
Katie - the buyer/their lender are uinlikely to proceed with it still noted but they may be happy to proceed if you can provide them with an official copy of the decree absolute for example. However you may find it more expedient to submit that now along with a form HR4 to secure the notice's removal
https://www.gov.uk/government/publications/cancel-home-rights-registration-hr4
Comment by Deanne Weston posted on
My partner and I are now divorced but still have a joint mortgage. The children live in the house with me. The property is to be sold but my ex husband says he has no responsibility to pay the mortgage as he does not live there. Where do I stand? The money he gives me is for our 13 year old son he says.
Comment by AdamH posted on
Deanne - not something we can advise you on I'm afraid as it would requrie legal advice to understand what rights you each have and what responsibilities exist. If you are looking for wider online advice then forums such as Mumsnet or Money Saving Expert can be useful resources but legal advice is the best option here.
Comment by Tilly posted on
Hi
My dad died a few months ago and had divorced my mum a few years before and he did not change his will so the house still has her name on the deeds of which we do not know their location and it was my dad's wish to leave the property to two youngest brothers who live in the house so how do we transfer the house to the brothers name as the mother is ok with this so there shouldn't be any trouble from her
Comment by AdamH posted on
David - it's unclear as to whether the property is registered or not and I would suggest using our online short guide which will ask you a series of Qs and the As will hopefulyl get you to the right guidance and forms to proceed. https://help.landregistry.gov.uk/app/contactus_bereavement?utm_medium=GOV.UK&utm_source=govuk&utm_campaign=death_contact_page_to_guide&utm_content=web_page
Comment by Tim Whitehead posted on
My friend has filed for divorce where her husband has accepted fault by adultery , and moved out of the matrimonial home, where she lives with her three children , one of whom is disabled (wheelchair bound), and has extensive amounts of equipment installed for his care.
How would a Divorce Court deal with the the home on divorce if no agreement is reached?Does she have a right to remain there until the disabled child (who is 15) attains the age of majority?
Comment by AdamH posted on
Tim - you will need legal advice on such issues as we do not deal with the actual divorce or the courts. We register the outcome such as transferring the house from joint to a sole name or protecting the spouse's right to live in the home whilst still married.
Comment by Rina posted on
My ex refuses to let the transfer of equity take place even though my solicitor has sent him letters. The mortgage and land registry deeds are in his name. There is a charge on them. In our divorce proceedings he said that his brother had put money to the property when his brother clearly did not. He would not present to our solicitor or court hearing any documents to provide this and at last hearing there was a charge in favour of his brother receiving xxxxxx and the house to be transferred to my name. My ex will not let me be put on the mortgage or let me pay direct to mortgage lender but still wants the mortgage to be sent into his bank account. All through divorce proceedings he has refused to cooperate to get the divorce resolved amicably and I am weary of this. Since he won't let the transfer of equity take place by not replying to the solicitor letters even though he has said to my daughter that he wants to talk to me about the house and letter ( in family court order letter it states he cannot contact me other than text in regarding the kids) what can I do?. I have sent the financial court order and all the information to my solicitor ( conveyancing) and am still paying the monthly mortgage into his account with ref as mortgage
Comment by AdamH posted on
Rina - you will need to go back to the court to get an order re the transfer or if already given to ask them to execute the Transfer in his place. Your silicitor will be aware of next steps so please do rely on their advice
Comment by Mags posted on
Hi separated from husband he signed house over to me legally(no mortgage)he's now bought another house with new partner......now claiming for half of house Where do I stand? Thank you
Comment by AdamH posted on
Mags - not somehting we can help with I'm afraid and it's legal advice you really need here. If you are looking for online help then public forums such asa Mumsnet and Money Saving Expert can be useful resources but it's the specifics of the transfer of your arrangement with him that will count here re next steps legally I suspect
Comment by Erika posted on
Hi,
Could you advise how long it takes to remove home rights? I need to remorgage and have about 6 weeks left. I should receive court decision any day now (hopefully). Is there any way I can get it removed? The house is in my name only.
Comment by AdamH posted on
Erika - average timescale is 8 working days providing you have the required evidence and the form is completed correctly. I assume you are waiting for your decree nisi to then submit with the form HR4
Comment by Erika posted on
Hi Adam. I have decree nisi since November. I thought you have to have decree absolute. If only nisi is required, can I send copy of it?
Comment by AdamH posted on
Erika - it would be the decree absolute we require although other evidence may be accepted. See section 8 of our guide on the subject https://www.gov.uk/government/publications/applications-under-the-family-law-act-1996/practice-guide-20-applications-under-the-family-law-act-1996#cessation-of-rights
Comment by Rina posted on
Thank you Adam for your advice, I will be in contact with them today.
Comment by Adam posted on
I have divorced from my ex and courts have told us to sell the house as the house is in both our names. The courts have awarded her 55%, and I'll get 45%. However a 3rd party in contact with my ex, has advised me that my ex and and the buyer have agreed £20k privately. So she would get 55% plus the £20k . What do I do and how can I find out if this true?
Comment by AdamH posted on
Adam - it's legal advice you need here. We would not be privy to a private transaction of this sort and cannot advise you on the law re such matters
Comment by Laura posted on
Pls can you advice how long it takes to process an application for Matrimonal home right notice and any document that I may need to attach to the form.
Comment by AdamH posted on
Laura - the average timescale is 8 working days and invariably it is the form HR1 you submit without any attachments. The form itself explains what is required
Comment by Sa posted on
Hi, my brother is getting a divorce, his name is on my house, he doesnt live with or pay bills/mortgage. Will his wife get half share of my house??
Comment by AdamH posted on
Sa - that's not something we can help you with I'm afraid and I would recommend you seek legal advice
Comment by saqib posted on
hi sa what was the outcome of this as im in a similar sort of situation
Comment by AdamH posted on
Saqib - this is a blog rather than an online forum so you may not get a reply from Sa but let's see
Comment by RogerB posted on
I have just discovered that my ex wife who I divorced 43 years ago, is still on the deeds as having a matrimonial interest. We both new nothing about this and have both since married again. We need to remove her name from the deeds. She is in agrrement but we're not sure how to do this.
Neither of us has any paperwork from the divorce.
Than you for your help.
Comment by AdamH posted on
RogerB - if she has her rights of occupation registered then you/she can apply to cancel them using form HR4 and submitting the required evidence as appropriate e.g. a signed release https://www.gov.uk/government/publications/cancel-home-rights-registration-hr4
Comment by Chantelle posted on
Could you tell me how long it takes to process the application for a matrimonial home rights notice?
I sent a paper application through the post about a week ago.
Will I be notified when the application is accepted or is just my husband?
Thank you in advance
Comment by AdamH posted on
Chantelle - average timescale is 8 working days. Once completed you will be notified as the applicant
Comment by Sarah posted on
Hi please can you advise .... if the courts order the sale of the matrimonial home ... and each party gets a 50% share,
can one of the partners buy back the house ?
I'm presently going though a divorce, my ex husband has hidden assets, money and other properties to defeat me in my settlement, unfortunately the way he's done it looks and sounds legal and I don't have the proof to show the courts any difference.
My husband now wants the matrimonial home selling as he claims he needs the money released from the home, to aid his business ( absolute joke ) ...
I recently found out that my husband plans on buying the home back under his girlfriends name. can he actuallydo this ?
Comment by AdamH posted on
Sarah - veyr much something to get legal advice on. We would register any outcome of the transfer/sale only so would not be privy to how you arrived at that point.
Comment by Adam posted on
My ex wants to buy him out and I was going to but now it come to light he has remortgage the house 8 year ago I didn’t recall signing anything what can I do
Comment by AdamH posted on
Adam - it's legal advice you need as mentioned previously
Comment by Christina posted on
I am getting divorce in other country. Can I register the divorce petition from a foreign court to protect my rights in the matrimonial home that we own in this country?
Comment by AdamH posted on
Christina - the rights only exist whilst you are still married so you would not be registering the divorce petition. The rights are protected before you divorce https://www.gov.uk/government/publications/applications-under-the-family-law-act-1996
Comment by Fiona posted on
I have a legal charge on my home in fabour of my ex husband who has now died. Can i get the legal charge removed.
Comment by AdamH posted on
Fiona - the legal charge can be removed on receipt of an application in form DS2. A form DS1 executed by your late husband's executor will also be required. https://www.gov.uk/government/collections/hm-land-registry-forms
If anyone other than the executor completes the form DS2 they will need to have their identity verified using form ID1. Have a look at the forms online and the associated guidance
Comment by Fiona posted on
Thanks for your reply. However i don't know the name of the executor so can i still remove the charge.
Comment by AdamH posted on
Fiona - his charge now forms part of his estate so whoever is administering that estate will need probate before they can remove the charge. If you do not know who his executor is then I would suggest checking with the Probate service to see if probate has been granted https://www.gov.uk/wills-probate-inheritance/searching-for-probate-records
Comment by Fiona posted on
Sorry to keep bothering you. My ex husbands estate has been sorted out. He left everything to our sons so what needs to be done now.
Comment by ianflowers posted on
Fiona - I'm replying as Adam is unavailable. I hope I am correct in assuming that now you're referring to a property that was part of your ex husband's estate rather than the legal charge on your property? If so, then the personal representative dealing with the estate would be responsible for distributing the estate's assets according to probate rules. You may want to consider checking with Citizen's Advice, or a legal professional such as a solicitor, if you need further advice on this.
The position regarding the legal charge remains the same in that we require a DS2/DS1 (executed by the executor).
Comment by Nick posted on
In a divorce, if a husband has omitted multiple properties from his Form E and (perhaps unsurprisingly) won't sign to allow a wife's PN1 search, is the only option to ask the Family Court to force him to allow a PN1 search, even if evidence of other missing properties has already been uncovered?
I can see that the Land Registry is caught between satisfying the rqeuirements of the Data Protection Act and (implicitly) assisting wilful non-disclosure in divorce cases, but doesn't it also have a duty to make necessary information available to all genuinely interested parties?
Comment by AdamH posted on
Nick - you are correct in that you would need a court order. THe DPA legislation for example does not in our view apply where the informaiton is provided through one of our statutory services. As it's a statutory service the formalities must be followed and the DPA or indeed FOI do not override the service requirements
Comment by Megan posted on
It seems likely that my parents will divorce at some point. There is no mortgage and it is owned in both names. My father would prefer to stay in the house and buy my mother out. I am their daughter and live with them currently with my husband and 2 children. My mother has said she does not want my father to have the house and will insist they sell. Does she have any legal ability to do this? I would like to continue living in the house with my family and would be in a position to get a mortgage to help my dad buy my mum out. Is this possible?
Comment by AdamH posted on
Megan - they would not be matters we can advise you with I'm afraid. Essentialyl we would deal with the end results, namely any change of ownership/new mortgage. You'll need to get legal or wider advice on what options are available to you all.
Comment by Jo posted on
Hi there my partner is divorced from his ex and has 2 children under 18. They agreed in divorce proceedings to share the mortgage and property. His ex now wants to buy him out but can only afford to do so if he hands over his share of the equity. Can he transfer his share of the title to his children 25% each in a declaration of trust?
Comment by AdamH posted on
Jo - his 'share' is in the beneficial ownership although they are joint legal owners. The 'share' can be left to others but you can't transfer a share in the legal title, that is all or nothing. So if they want to transfer the whole of the legal ownership to just his ex but his 'share' in the equity/beneficial ownership still exists then you really need wider legal advice as to how best to protect that. We cannot advise on such matters I'm afraid as it's the legal title we register
Comment by Juju posted on
Husband just bought his council house in his sole name we have been married three years now he wants me out can I get home rights.
Comment by ianflowers posted on
Juju - Please see the general guidance on GOV.UK about this - https://www.gov.uk/stay-in-home-during-separation-or-divorce . If you are still unsure how to proceed, you may want to consider getting some independent advice, for example, from Citizen's Advice.
Comment by James posted on
My ex husband is the sole owner of the family home. I have a beneficial interest in the property as I still reside there. Can I still apply for a home rights (matrimonial) notice?
Comment by AdamH posted on
James - if you are divorced then the notice would not be an option to you. The PG 20 explains the registration process https://www.gov.uk/government/publications/applications-under-the-family-law-act-1996 but I'd encourage you to seek legal clarification of what rights you, your ex may have re the home
Comment by James posted on
Thanks Adam. So, the best alternative would be to apply for a unilateral notice?
Comment by AdamH posted on
James - it maybe but we can't advice you on what the best alternatives might be. We can tell you how a UN would be registered for example but you need legal advice first to confirm the legal position and then decide whether you have an interest which can be protected on the register https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register
Comment by Bhavna posted on
Hi- I have been married for 7 years and my husband doesn't work - he has always managed to come up excuses not to work either the job is not good for him or he decides to go on education and wants to do some courses. He moved out about a year ago to study into different city. Now his asking for money to pay off his rent and expense from me. recently I have brought a house on my sole name for my child as we renting the property before and rent was going to up I could not afford to pay that high rent amount. Now I am thinking of taking step towards legal action (divorce) against my husband because his not managed to find descent job or paying for any expenses and he always expecting me to pay for everything. In the 7 years he has never had permanent job- we have had 2 years where he has had no job just seat at home doing nothing. Can my husband claim any percentage towards my house even through his not paid penny towards it and not been living with us for over year now.
Comment by AdamH posted on
Bhavna - very much something you should get legal advice on as to what rights he may have. I am afraid we cannot advise on what rights he may have and the blog is aimed at explaining how rights (if they exist) might be protected on the land register. If you are looking for wider comment/advice then online public forums such as Money Saving Expert or Mumsnet may be useful resources where others in similar circumstances have aired and commented on such scenarios previously
Comment by Insaan posted on
I have received B94-1 land registry notice from ex-wife about my house.
She only lived with me for 3 months in this house after marriage and then left permanently one a half years ago. I applied for divorce and the decree absolute was finally issued over 6 months ago. I had bought this property before the marriage and she had no contribution whatsoever in this property in any way during that short period of time she lived here. Is she really entitled to claim any money from me, does she really have right on my house? Does family law act 1996 allow claiming it after divorce? I had the thought that only married partner can apply for it and if that is really the case then she has misinformed Land Registry and didn't tell them about the divorce?
Comment by AdamH posted on
Insaan - see our PG 20 sections 7 and 8 re how such rights cease. Divorce is one of those so you may wish to consider applying to have the entry removed. https://www.gov.uk/government/publications/applications-under-the-family-law-act-1996
If you think she has acted incorrectly and you have suffered a loss as a result then please read the form HR1 she will have used for the warning note and seek legal advice
Comment by Insaan posted on
Thanks AdamH for your prompt reply. I am feeling a bit relieved after reading it. As I understand, it is the form HR4 that I have to fill in and attach at least the decree absolute with it. Do you know how long does the Land Registry office normally takes to process the application and remove the name? Should I get the legal advise from a property/conveyancing solicitor or a family solicitor?
Comment by AdamH posted on
Insaan - that is correct and average timescale, if in order, is around 8 working days. I would get legal advice re your other Qs are regarding what her wider rights may be following divorce
Comment by Insaan posted on
Could it be that HR4 form is to be used only by the person who wants his/her own name removed from home rights.
Section 5 and 6 of the form require name of the applicant. There doesn't seem to be any other section where I could enter her name. So if I send this form with just my name on it then my name will get removed?
Comment by AdamH posted on
Insan - the form can be used by either party or indeed anyone else. As you are applying you would complete. You would be the applicant named in panel 5, you would include your name and address in panel 6 and complete panel 7 by ticking box B and the second box re decree absolute
Comment by Annettw posted on
I issued a home rights on the matrimonial home I lived in with my husband that he owned. I fled the home due to domestic abuse. We are now in court and he had transferred the deeds of the property to his parents names without my knowledge or consent. Is this legal ? How has he done this ? My solicitor is trying to find out and has asked for the TR/1 form but he is unwilling to provide it. Any help would be much appreciated.
Comment by ianflowers posted on
Your solicitor is likely to have already contacted us to request copies of the registration document(s) and they are best placed to advise you on the legal position. But if you'd like us to look into this, please contact us direct using the contact form or by phone - https://www.gov.uk/get-information-about-property-and-land and we'll get back to you asap.
Comment by Insaan posted on
Hi AdamH, I did exactly the same and posted HR4 form along with the decree absolute. However I have received a correspondence back form the HM Land Registry today that they want me to fill in and send them AP1 form. This is a very long form. I don't understand why do I have to do that?
Comment by AdamH posted on
Insaan - I assume the entry that you are seeking to cancel is not a Notice then? What's the title number involved please?
Comment by Insaan posted on
It indeed is the notice that I have been trying to cancel.
Comment by AdamH posted on
Insaan - many thanks. It appears you are applying to have the Notice removed on the basis that it should not have been made. As such HR4 will not apply as the supporting evidence required and referred to on the form does not apply here.
You should complete form AP1 as a result and as requested. Panels 1-8 (inc) and 15 are the ones you should complete
Comment by Insaan posted on
So, basically I should not have included that extra note saying that "the notice to protect home right should not even have been made" while sending the form HR4, because then her name would already have been removed in the last week without my having to fill-in and send this AP1 form which according to the internet is used only at the time of selling the property.
I have confusion about the Panel 4, 5 and 8. Do I have to fill-in Panel-4 and pay any fee? Do I have to fill-in Panel-5 and include any documents? Do I have to fill-in her name in Panel-8. I don't know of her address, is that okay to leave Panel-8 blank?
Comment by AdamH posted on
Insaan - form AP1 is the generic application form used for an update to the register. Other forms exists, such as the HR4, for very specific applications and HR4 is used to cancel a notice based on a set of very specific circumstances as the form describes.
As you were applying on the basis that the Notice should never have been entered you are in effect applying for the register to be altered, hence HR4 doe snot apply but form AP1 does.
Panel 4 can simply refer to Alteration of the register. There is no fee.
Panel 5 can simply refer to HR4 already submitted
Panel 8 should refer to anyone you want to be notified on completion of the alteration. I would suggest in these circumstances you leave it blank
Comment by Insaan posted on
You have been very helpful once again. Just one request, can you please remove the actual title number of my house from my post above for confidentiality reasons. Thanks.
Comment by Insaan posted on
Just to let you know that I have now posted the AP1 form which should be with you in a day or two. Thanks.
Comment by Anya posted on
Hello, I posted my HR4 form and wanted to confirm if this has been processed?
Comment by AdamH posted on
Anya - you will get a letter confirming it has been done once completed/processed
Comment by Graham posted on
I have a court order to transfer my property to my ex wife as part of our divorce settlement. The conveyancing solicitor acting on her behalf has specified this must be a sale. Will this affect me reference CGT and SDLT.
Comment by ianflowers posted on
Graham - as a registration authority we're not directly involved in tax issues/liability. You'd need to check with HMRC and may also want to consider getting some independent advice on your tax position, for example, from Citizen's Advice or from a conveyancer such as a solicitor.
Comment by Jennifer posted on
Hi. Would love some advise. My husband and I are seperating but currently live in the house. He has agreed for me to buy him out. I have the finances to do this and have spoke to our bank about remortging. He wants to buy another property. I know our lenders can tansfere the mortgage to me soley but who will sort taking his name off the deeds. Do we need a solicitor. We are not doing a seperation agreement as yet ,but once I have paid him off I want his name off the deeds then he has no claim to the home at a later date.
Comment by ianflowers posted on
Jennifer - Hi. We can only give you administrative advice relating to the completion of our forms and procedures. As there may well be more to consider on separation than just the registration aspect, you may want to consider seeking independent advice, for example, from Citizen's Advice or from a solicitor such as a conveyancer. But please see our general guidance on transferring ownership will give you an idea what's involved administratively in updating the register, particularly the guidance notes shown on the form pages.
Our blog around DIY conveyancing may also be of interest - https://hmlandregistry.blog.gov.uk/2014/02/24/conveyancing-solicitor-or-diy/ .
Comment by Jennifer posted on
Thank you for your reply. I will do this. I understand every case different.
Comment by amanda hardman posted on
In the process of selling house and Title deeds are in a previous name. Since buying the house originally we have been married and now divorced, and I have changed my name by deedpoll to a another name. Land registry want proof of marriage but courts took certificate, will decree absolute suffice along with my deed poll?
Comment by ianflowers posted on
Amanda - It would be best to continue to contact us - https://bit.ly/2F6AtxU directly regarding this as we'll need to consider in the context of the information on the register and the documents already lodged.
Comment by amanda hardman posted on
Thank you
Comment by Linda posted on
Linda
My husband and I have been divorced for 12yrs, my solicitor advised me to put a Home Rights on the property. I would like to take this off of the property, as my x and I want to make other arrangements of settlements. Do I just fill out form HR4, and put my email in section 6, or do I have to use a solicitor. Many thanks
Comment by AdamH posted on
Linda - you can do it yourself using form HR4 and complete all the relevant panels so we'd need a postal address as well to send the confirmation to
Comment by Linda posted on
Thank you for your help
Comment by Zim77 posted on
Hi, I am looking to buy a property shortly and this will be in my sole name. I am doing this completely with my own funds and no help from my partner. However he seems to think that if we were to get married in the future he is legally entitled to 50%. I don’t want that as I want to leave any property to my children from my previous marriage and I want him to waive marital home rights what form can I use or does this have to be done through a solicitor/court? Would a pre-nup stand in this scenario? Thanks
Comment by AdamH posted on
Zim77 - not something we can advise you on and I would strongly recommend that you seek legal advice
Comment by james wilson posted on
On Feb 13 2015, my ex wife (we are divorced now but not got the nisi) left me and my son and the marital home. We haven't agreed on the house as in 2015 we were in negative equity. Me ex wife seems to think she gets a portion of today's value, which is now in equity?
What is my position?
Comment by AdamH posted on
James - something you will need to get legal advice upon from someone who deals with divorce. We cannot assist you assist is not a land registration issue
Comment by Adele Carroll posted on
Can I send in a certified Decree Nisi with an HR4 form or does it have to be a Decree Absolute?
Thank you.
Comment by AdamH posted on
Adele - it needs to be an Absolute as indicated on the form itself
Comment by JJ posted on
Question, if I’m on title on my dads house is my wife entitled to any portion of home if we get a divorce?
Comment by AdamH posted on
JJ - very much a question for a legal adviser and not us I'm afraid. We register the legal ownership for example so if that were to change we would update the register. We do not deal with who is legally entitled to what re the proceeds of sale or what rights your spouse may or may not have in such cases
Comment by Johnt posted on
My wife is divorcing me and I am selling the house we live in which was left to me by a friend. Her name was not registered at the Land Registry at the time as it was left solely to me. I’ve now been told her solicitor has added her name at the Land Registry as an interested party but haven’t received anything official to say it has been done. The divorce is very nasty on my wife’s side as she has dementia and is obsessed with the idea that I am trying to cheat her out of something (which I’m not). She has now told me that the letter informing me of her interest in the property did arrive but she took it and destroyed it.
My question is how can I get a copy of the letter? I have no idea what t might have said or whether I should take any action.
Comment by AdamH posted on
JohnL - what's the title number for the property please? If you prefer not to post it in a blog then I'd suggest using our online contact form to ask the question and provide sufficient details for privacy https://help.landregistry.gov.uk/app/contactus_general/?utm_medium=newsletter&utm_source=govuk&utm_campaign=death_contact_page_to_contact_form&utm_content=web_page
Comment by Johnt posted on
Thank you, I have done as you suggested.
Comment by John posted on
As settlement in our divorce I have a charge my ex-wife's property. Can I remove the charge myself (or via a solicitor) without receiving payment? The reason is I have my own home and it is preventing her and her partner from selling. Given the time that has passed, I have no desire to redeem the value that was initially agreed.
Comment by AdamH posted on
John - you can. I assume that by charge you mean that you registered your rights of occupation. Our PG 20 explains how such a Notice may be removed https://www.gov.uk/government/publications/applications-under-the-family-law-act-1996
If it is some other form of charge then please advise
Comment by John posted on
Sorry Adam, I may have not used the right terminology. My ex-wife and I agreed a sum, as part of our divorce, that I would be entitled to a percentage of the family home when our children are 18; I thought this was called a legal charge, meaning she can only sell our home once the legal charge has serviced. I no longer want the percentage and would like to remove the legal charge early (children are not 18).
Comment by AdamH posted on
John - if you have a legal charge on the property then you would need to use forms DS1, DS2 and ID1 in order to release/discharge it https://www.gov.uk/government/collections/hm-land-registry-forms
Comment by ali posted on
hi me and my partner separated for a short while in 2006 but we got back together now. we have sold our house but we cannot complete the sale due to it having matrimonial home rights attached to the property which we did not remember of, my question is do we need a solicitor to submit hr4 form or could we do it ourselves? also would we need any supporting documents as she will be willing to sign the hr4 form as well as my self? could you guide me to as to how to go about this and what parts of the form i need to fill, thank you
Comment by AdamH posted on
Ali - you don't need a solicitor to do this and she can apply to cancel the Notice using the form HR4. Panel 7 option A appears to fit the scenario you have described
Comment by Ali posted on
Thank you for your reply i did all the form but left box 4 and 8 empty when i submitted it as i didnt know or have any documents to accompany it, would it still be accepted?
Comment by AdamH posted on
Ali - that's fine if there were no docs to include then panel 4 can bee left blank. Panel 8 is simply a statement that the applicant wants the notice removed so did not require any infil from you
Comment by Karen posted on
Hi, my partner and I intend to buy a new place this year. We intend to get married next year. Would we be able to list our names as joint owners with just him paying the mortgage as I am not a UK resident? If it can't be done, is there any way we can protect my right to the property and to live there if he passed? We are concerned as his ex has just lodged her interest in all his other rental properties even though they are divorced.
Comment by AdamH posted on
Karen - it's legal advice you need here as we can't advise you on what you can or cannot do in such cases.
Any mortgage would have to include the named registered proprietor(s) but who ultimately pays it may not be such an issue. Something to discuss with your mortgage lender perhaps?
If you register the property in his sole name and he takes out the mortgage then you should discuss with the conveyancer what options exist re protecting any interest you may have. Our Practice Guides 19 and 24 may be relevant here but they cover how to apply to register something rather the legal nuances involved and how they may or may not impact on someone else's interest, namely his ex's https://www.gov.uk/topic/land-registration/practice-guides
Comment by Karen posted on
Thank you! Appreciate the advice!
Comment by Rhian posted on
I am a week away for applying for my decree absolute. My ex husband applied for a home rights notice to prevent me from moving during the divorce house is in my name)
am i able to apply for the cancellation with a decree nisi or does it have to be the absolute?
Also whilst filling out the form myself, it almost implies that i am taking my name off he home rights without any mention of his name??
1- local authority - OK
2- title number of the deeds - ok
3- property address - ok
Documents lodged- decree absolute
4- applicant (my name)
6- who is sending the application- (my name and address)
7- Evidence - decree absolute
8- statment of canceling home rights - ok
9 signature of applicant
There is no mention in his name being removed????
Comment by AdamH posted on
Rhian - the form is designed to fit whichever circumstances so it can be used by either spouse for example to cancel the Notice. The form lists the supporting evidence required so it is a decree absolute you would need. It is not his name being removed but the Notice of his rights of occupation.
Comment by LDS posted on
Hi I found out my husband has been having an affair. Ever since I found out he won't talk to me at length. He has told me he wants the house sold but when I see him (last time was 10 days ago) I tell him I want the house sold so I can move on however, he just walks out of the house telling me he can't deal with this and goes missing. He has blocked my number and refuses to talk to me. Only form of contact I have with him is email (which he does not reply to) I would like a to send him letter notifying him of my intentions, selling our home. He has a spare room full to the rim of his stuff that he needs to sort out and make presentable so we can start getting quotes and possibly put the house on the market. Is there a sample template letter I can use with legal terminology?
Comment by AdamH posted on
LDS - not something we can advise you on I'm afraid and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Mumsnet or Money Saving Expert can be useful resources but it's still legal advice we would recommend
Comment by Artiom posted on
Hi,
My Husband and I are in the process of separating. We have already been granted the decree Nisi .
We have a matrimonial home of which we are joint owners at present, and both our names appear on the property's deed.
As part of the divorce proceedings, we have applied for a financial order (amicable agreement) that my husband will be be giving up his part of the ownership in our matrimonial property, and I will become the 100% owner of the home.
Once we get the Financial Order approved by the court, what do I need to do to transfer the property's deed to my name ( remove his name and assume 100% ownership)?
Comment by AdamH posted on
Artiom - Our online guidance explains how you can transfer the ownership and links you to the forms/completion notes you will need.
https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
Whilst you do not have to use a conveyancer we always recommend that you do as they are familiar with the forms/process, offer wider advice as appropriate and can also verify your identities. If the property is mortgaged then your lender is likely to insist that you do use one also.
Comment by beverley digby posted on
is a TR1 superceeded by marriage? before we were married my husband had a TR1 drawn up that I owned one third and he owned two thirds we then married 3 years later is the TR1 still in force or am I now joint owner of the property equally
Comment by ianflowers posted on
Beverley - The percentage shares you refer to relates to the equitable or beneficial ownership, whereas it is the legal ownership that we mainly deal with. The legal ownership cannot be divided and each person cannot own a percentage share in that legal estate. Our blog may be of interest which goes into more detail about the difference between legal and beneficial ownership - https://bit.ly/2KplfLi.
As to whether your beneficial ownership has changed following marriage, that's not something we can comment on given we don't really deal with that aspect of ownership. You may want to consider seeking independent advice, for example from Citizen's Advice or from a legal professional such as a solicitor.
Comment by Craig posted on
Doing a divorce overseas and have a property+mortgage in both our names that will need to be divided.
-What documents/forms would be required to prove the overseas divorce is legal?
-The divide of property, would that be done based on whatever is decided by the overseas court during the divorce? Or would there be something else factored in?
-What documents/forms would be needed to prove what the courts have decided, with regards to the divide of property?
Comment by AdamH posted on
Crag - provided you and your ex are executing the Transfer we don't need to see the court order/divorce details
Comment by LAsh posted on
Hello,
As a result of our divorce, my wife will keep the house (which is currently in our joint name), I will keep the savings.
When filling in TR1 how should I fill in section 8? Check the second box or the third one with a comment like "The transfer is due to assets split in divorce"?
Also, since the deeds are in my wife's maiden name, as the register was never updated to change it, should a copy of the marriage certificate and her old passport/driving license be included (showing her maiden name)?
Comment by AdamH posted on
LAsh - see our online guidance and section 3.8 on how to complete panel 8. You need to add the relevant details https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1/guidance-completing-form-tr1-for-the-transfer-of-registered-property#how-to-complete-panels-in-form-tr1
Re her name that all depends on what her legal name is now as that is the one she would use to complete the Transfer. If that differs from the one on the register then we need evidence to confirm that change e.g. marriage certificate
Comment by LAsh posted on
Thank you AdamH. Her legal name will not change after the divorce, so looks like the marriage certificate needs to be provided.
In this case - is it possible to list 2 Applications in AP1, ie "Change of Name" and "Transfer of Whole Property"?
Comment by AdamH posted on
LAsh - yes
Comment by Ross posted on
I am seperated from my wife but as yet we have not drawn up any seperation agreement formalties. I have however completed a land registry change (TR1/ID1 form etc) to remove my name from the title deeds and transfer the property to her sole ownership - there is no mortgage so she is effectively sole owner. I am about to purchase a new home for myself - will I be exposed to 3% 2nd home Stamp Duty. Is the deeds transfer sufficient evidence of seperation or will HMRC expect other evidence. I have been in rented accomodation for the last year would that suffice along with a letter drawn up from a solictors confirming the deeds transfer. A full seperation agreement will be drawn up in the future but not in time for my new house purchase. Can find an answer to this anywhere !
Comment by ianflowers posted on
Ross - we don't have any involvement with the assessment of stamp duty land other than to check that a SDLT certificate has been supplied indicating the duty has been paid. So it would be best to raise these questions direct with HMRC and it may be that some sort of declaration is sufficient and no further evidence is required. The following GOV.UK information may be of interest under the heading 'Higher rates for additional properties' - https://www.gov.uk/stamp-duty-land-tax/residential-property-rates and the contact details for HMRC are here- https://www.gov.uk/government/organisations/hm-revenue-customs/contact/stamp-duty-land-tax .
Comment by NeedHelp posted on
I divorced in 2013 and in the financial agreement the ex agreed that the house was to be signed over to me. He has 56 days to sign the TR1, but he didn’t. His name has remained on the mortgage but I have paid all costs since 2012. I am now in the process of arranging a new mortgage and the banks solicitors have sent him the TR1 to sign but he is ignoring them and me. Is there a way I can use the signed Financial Agreement as proof he signed the house over to me?
Comment by ianflowers posted on
I am sorry to hear of the difficulties you've experienced. We essentially have an administrative role in registering the transfer of ownership when an application is made to us, so I regret we can't comment on the implications of your ex's reported non-compliance. Any signed agreement may be sufficient to require his compliance, but in these cases where one or both parties is reported to be in breach of such an agreement then the matter may have to be resolved in other jurisdictions, such as the courts. You may want to consider seeking independent advice, for example, from Citizen's Advice or from a legal professional such as a solicitor.
Comment by NeedHelp posted on
Ok thanks. Would I be able to send in the TR1 signed by me and a copy of the finance agreement signed by him to allow for the ownership to be transferred?
Comment by AdamH posted on
NeedHelp - it's the TR1 he needs to execute to enable the transfer to go ahead. If he is refusing to do that then you will need legal advice and most likely legal action to force him to comply with the agreement. If the court orders him to then execute the TR1 but he does not then the judge can execute it in his place
Comment by Bryan posted on
Decree absolute has been issued on my divorce without a financial settlement. Legally, I still own 50% of the family home, which is our only asset. Will this percentage of the family home still belong to me if I remarry? Will my ownership otherwise be affected? Thank you.
Comment by AdamH posted on
Bryan - not something we can advise you on and I'd recommend you seek legal advice. We register the legal ownership so if that is still in your joint names you are both joint legal owners. You cannot split the legal ownership.
Comment by Ibrox posted on
Please what is the turnaround time for HR4 application? What I mean is that what is the average time you use to deal with HR4 application?
Comment by AdamH posted on
Ibrox - current average is 9 working days. That can be stretched to longer though if we have to complete wider checks but that all depends on what details are included with the application, namely how it is being released
Comment by JR posted on
Hi,
My husband and I were divorced last year and he agreed to me keeping the house (he hasn't paid towards the mortgage since 2006) and not splitting pensions but failed to file any financial paperwork with the court.
I now need to get a TR1 signed to transfer the title into my sole name so I can remortgage but I'm confused whether this constitutes a transfer of whole or transfer of part of the title.
Can you please advise on this? Also do we need to use a solicitor or can we do it ourselves? What about proof of ID how does that work?
Thanks very much
Comment by AdamH posted on
JT - our online guidance and the linked forms AP1, TR1 and ID1 explain what is required. https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
You can only transfer the whole from the joint names to just one of you so a TR1 is required.
You don;t have to use a solicitor unless your lender insists, many do. If you are unsure as to what to do at this point I would strongly recommend that you do use one anyway as they are familiar with the forms/processes and can offer wider advice and verify your identities.
Comment by Nicky Robson posted on
Hi I have received a B94-1 home rights notice from separated husband who moved out of the property 8 months ago. The house was bought solely by myself and it is in my name. He only lived their 18 months and made no financial contribution. Can I object to his application.? I need to sell the property as I am in financial hardship and I am unable to do so with this notice ?
Comment by AdamH posted on
Nicky - The Notice is for information only and does not give you the opportunity to object. So if you are still married then he appears on the face of it, to have the right to have such an entry registered. We can't advise you on your legal position and I would strongly recommend that you seek legal advice to understand what your, and your husband's, legal rights are here.
Whilst you can still sell it would be extremely unusual for anyone to buy whilst he has such a Notice registered. A lender would not lend in such circumstances either.
Comment by T rashid posted on
Hi,
If anyone can help me please. I heard from family members that my husband is going to gift the family home to his brother as we are going to a hard relationship time so that I don’t get any share in case of divorce or separation. He is the only one on the title deed but I have got matrimonial home right. Can he gift the house with out letting me know I am really worried. I am the one who nearly pays towards every thing towards the house.
Comment by AdamH posted on
T - if the property is gifted then your rights remain registered against the property. Gifting it does not change that. I’d recommend that you seek legal advice as to what those rights are and what impact they have for you and how they affect the legal owner, whether that’s your husband or his brother. And what rights you have should you divorce.
Comment by Robert posted on
Hi I am sole owner of my property and have received my divorce absolute, how do I take the ex wife off the home rights register?? Does she have to sign HR4 application?? Or do I fill it out and send copy of divorce absolute to land register????
Comment by AdamH posted on
Robert - you can do either
Comment by Robert posted on
Hi so she does not have to sign it?? And I leave that part of the form blank?? And who can certify the copy of divorce absolute?? Anyone with a professional status???
Comment by AdamH posted on
Robert - not if you make the application along with a certified copy of the decree. So you complete the panels according to what you are applying for and submitting. https://www.gov.uk/certifying-a-document explains who can certify a copy for you
Comment by Lee Lowes posted on
My mum got divorced in November 2017 and had a court order in place that stipulated the house the is jointly owned is to be sold and that she is to receive 70% of the sale of that property and himself 30%. Sadly she took her life in September 2018, and the house is still on the market. The house was on the market for 430k, and the former husband has dropped the property down to 390k removing all equity after fees out of spite. I have just been advised that as I am only a beneficiary I have no legal rights to contest the change of market price. Even though a court order is in place, do I not have any rights under the laws of intestacy to over rule the court order now that my mum is no longer with us? Surely the divorce court order would now be null and void now that mum is no longer with us, and Intestacy laws would apply? Could I not even go back to the court and raise this with a judge?
Comment by AdamH posted on
Lee - I’m sorry but we don’t deal with such matters and can’t advise you on the legal issues you now face. It’s legal advice you now need.
Comment by Pal posted on
So to be clear if the only registered owner with a decree absolute,some years old, applies to you with hc4 to you to remove the marital interest notice, you do so without the need to contact the individual with the notice?
Comment by AdamH posted on
Pal - HR4 to remove it. In some cases we will notify the beneficiary e.g signed release in application by beneficiary. In other cases e.g death we won’t
Comment by Pal posted on
Sorry hr4, but specifically using final divorce decree is notification policy, no court order etc etc and it’s pretty much been 10 years now but I don’t want to rock the boat. She was violent and I don’t want to have any further come back.
Comment by AdamH posted on
Pal - understood. We won’t generally serve notice if the decree absolute is the basis of the cancellation. The rights come to an end on divorce/death for obvious reasons so the spouse would be aware anyway so no point us letting them know.
Comment by Friend posted on
My Friends started a mortgage together 25 years ago, a few months later he left and got his own place and he was given back everything he had paid into the mortgage. They remained, remain best friends and legally married and he wants nothing financial from the house. For the remainder of the mortgage his wife and her daughter paid the mortgage and the daughter paid of a large lump sum as the endowment was so short. He has wanted for over 20 years and still wants to transfer the deeds to his wife and her daughter but they all struggle with paperwork. I am trying to help. What forms do they need to fill in ? The wife has no valid passport and does not drive. The daughter and Husband both have driving licenses but no passports. It just keeps getting pushed back because they don't have the ability to understand the forms.
Comment by AdamH posted on
Friend - the online guidance lists the forms needed and there are notes both on the form and linked online to assist https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
It reads as if it’s the identity verification that may be causing an issue but if the property is mortgaged then it’s very likely they’ll need the lender’s consent and they’ll insist on their using a solicitor anyway.
Unsure whose ‘pushing it back’ but if Us then any rejection letter should explain why
Comment by Paul posted on
My ex wife and I have been divorced for over 2 years now. She put a home rights notice on the property when we split up but moved out when the decree absolute came through. I moved back in the property and am ready to sell but the home rights notice is still on the property and she’s refusing to sign to take it off although I’ve offered her all the profits because, in her words ‘ she wants to make my life hell’ . Question is, can I have the home rights notice taken off by sending the hr4 to land registry although with my decree absolute ? Can I do this without the the help of a solicitor? Many thanks
Comment by AdamH posted on
Paul - yes. See sections 7 and 8 of our Practice Guide https://www.gov.uk/government/publications/applications-under-the-family-law-act-1996/practice-guide-20-applications-under-the-family-law-act-1996
Comment by Paul posted on
Many thanks Adam. I understand that the process can take up to nine days ? Is that correct ? Is there a way of fast tracking this ?
Comment by AdamH posted on
Paul - average timescale for updating the register is 10 working days. But this type of application, if in order, is normally one of the quicker ones so unlikely to take the average or longer. There's no expedite process I'm afraid for such applications
Comment by A Lewis posted on
Hello - my husband and I have been married for 9 years but he is still on the mortgage with his ex-wife and their previous marital home. He moved in with me 13 years ago and his children are now in their mid 20’s, do not live with his ex-wife for a long time and his mortgage is interest only, now being paid by his son as his ex-wife reports she is not working and cannot take the mortgage on her own. Their current lender has said she can’t afford it on her own. We want to move and get him off the mortgage as he can’t get another residential mortgage product as he’s already on his ex. The mortgage is £120k and the house where his ex-wife lives is worth £190-£200k. Her elderly mother lives with her although her mother has her own home close by that she rents out to my husbands son & girlfriend. My husbands ex wife refuses to sell but it’s hindering us trying to get another house and move. Can you help?
Comment by AdamH posted on
A Lewis - I'm sorry to read of the difficulties you are facing but I'm afraid it's not something we can advise you on and it is very much legal advice you need. If you are looking for wider online comment then public forums such as Money Saving Expert or Mumsnet can be useful resources but it's still legal advice we would recommend
Comment by M33R4 posted on
Before divorce was finalised, I put myself as beneficiary on the ex's 3 properties. Now been divorced 14 years.
None of those properties are on my name.
What rights have I got on those properties please?
Can those properties be sold or remortgage without my consent?
What rights do I or my children have in the event of death of the ex?
Comment by AdamH posted on
M33R4 - you'll need legal advice as to what your rights and those of your children are. If you have a registered interest on each title then what ability you have to affect things depends on what the entries are. If you have already checked and confirmed what each register states then again it is legal advice you now need to clarify what impact they have. Whether the properties can e sold or remortgaged will depend on what type of entries they are but in mist cases they either need to be complied with/removed for a sale or remortgage to complete, But the details matter so confirm those and check with a legal adviser
Comment by M33R4 posted on
This is how the document is done:
Charges Register
Beneficiary is myself M33R4, on grounds of unilateral notice for pending action at barnet court for ancillary relief
Comment by AdamH posted on
M33R4 - a buyer would look to the seller to confirm that the Notice would be removed when the property is sold. However it does nto prevent a sale from taking place for example although it would be very unusual for someone to agree to buy without guarantees that it would be removed.
Comment by M33R4 posted on
Thanks so much Adam.
Would you know what my share in the property could be please? There was not a court case finished to grant me a designated amount as the ex who owned it had gone AWOL.
Comment by AdamH posted on
M33R4 - we do not record such details. The only details we would have would be the form UN1 used to apply to register your Notice. You can apply by post for a copy of the form if you wish to and it will explain what details were provided on registration https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds
Comment by Helene Barker posted on
Hi
My husband bought our marital home on his sole name , after we were married. He have since then refuse to join me on the title of the property. I have contacted a family solicitor who have advised me to register to my Home Rights, which I did.
Recently my husband have decided to put our marital home on trust, saying that the home will be signed over my son and I, and as trustee , he have decided to put his friend and his family cousin , but the trust application, hasn't gone through. Does it have that right? Do I have a says.
He control everything and moves money around without telling me.
How far does the home rights protect me ? I am afraid about what can happen to us anytime.
Thank you .
Comment by AdamH posted on
Helene - it’s legal advice you need here. The blog and linked guidance is all we can assist with really as registering your rights is one thing but what effect that has and what your rights actually are would be something to discuss with a solicitor.
If you are looking for wider online comments then public forums such as Mumsnet can be useful resources but it’s specific legal advice re your specific circumstances that you need here
Comment by Helene Barker posted on
Thanks AdamH, I will do so.
Comment by Katie posted on
The house in which I live in was originally my Grandparents and left to my mother. I then bought the house from her for market value paying it off each month, solicitors were involved as to do with inheritance tax. Once it was paid off the deeds were transferred to my name after 15 years. I then met my husband he moved in and we got married 3 years later. After 5 years of marriage he wanted to extend the house, the only way we could do this was to get a 20 year joint mortgage and the lender needed to have his name placed on the land registry. Only a few months after this was put into place he left me and my daughter and now says he’s entitled to at least 40% of the value of the house or wants to buy me out of my home.
Comment by AdamH posted on
Katie - I’m sorry to read this but it’s very much legal advice you need here to establish what rights you both have. We can’t advise you on Family Law.
As the property is registered in your joint names both interests are protected. That ownership won’t change unless you both transfer it, normally after you have decided on resolutions around the marriage/family issues e.g on divorce or agreed separation
Comment by FIEMom posted on
Hi
In these time of COVID-19 and lockdown, is there an electronic format to completing the HR4 and sending this by email with relevant documents by email?
Comment by AdamH posted on
FIEMom - I’m afraid not
Comment by FIEMom posted on
AdamH,
I have just checked on GOV.UK and there is a provision from the FCO Legalisation Office that allows one to send to them a scanned or photographed copy of the applicant's signature for them to check if they have it on records and this would be sent to the receiver of the document which in this case would be Land Registry.
Is this an option to follow, seeing the time on lockdown is unknown?
Comment by AdamH posted on
FIEMom - all options are being considered
Comment by RM posted on
Hi, my wife of four months has never officially lived at my house (which is solely in my name). As I am in the military and only home on weekends she lives at her parents house and collects unemployment benefits, (therefore she is officially registered as living there). After three weeks of Covid 19 lockdown she already wants to divorce me and is now applying for matrimonial home rights. Is there any recourse for me to argue the validity of the home rights notice and to get it removed other than/before going through the annulment process.
Comment by AdamH posted on
RM - we can’t advise you on the law I’m afraid and that’s what you need here. Although referred to as Home Rights they come under the Family Law Act so it’s that law you need to clarify with regards her/your rights here
https://www.gov.uk/government/publications/applications-under-the-family-law-act-1996
Comment by Brian P posted on
Hi I am about to pay the last instalment to my ex wife for her interest in the house we bought together. I transferred the mortgage into my sole name but as part of the financial agreement her solicitor put a charge on the house until all instalments were paid. How do we go about removing her charge officially and what will it cost?
Comment by AdamH posted on
Brian - no cost but all depends how the charge was registered. If as a legal charge then you’d need forms DS1, DS2 and ID1 https://www.gov.uk/government/collections/hm-land-registry-forms
Comment by Brian P posted on
Thanks for the speedy reply Adam. I presume it is a legal order as it is written in the divorce documents as subject to a judges order ( I presume this is recorded by the Land Registry?). Hopefully the forms will be easy to fill out (by me and my ex-wife?). Thanks again, Brian
Comment by AdamH posted on
Brian P - we don’t deal directly with the courts re such matters. So do check the register first to see how it’s registered and therefore how to apply to remove it
Comment by Kittycat posted on
The family home subject to joint mortgage. was owned by husband and wife as tenants in common on a 50/50 split.
Following a divorce, a financial remedy order was been made by the Court transferring the home to Wife conditional upon her making a lump sum payment to Husband . Payment has been made via bank transfer from Wife to Husband, and Husband has provided written acknowledgement of recipe of funds.
Wife is not in a position to get Husband released from the joint Mortgage, and there Court Order did not make this a condition for the transfer proceedings.
What steps does Wife need to take to notify the land registry that she is now entitled to 100% of the beneficial interest in the home, to ensure that it is on HMLR records and therefore as notice to third parties , to avoid any unwanted interest of future creditors of the Husband who may be looking for ways to recover monies due to them ?
Is there a way Wife can file a copy of the financial remedy order, the proof of payment of the lump sum and her decree absolute documents to evidence her 100% beneficial interest and have it noted on the Land register ?
Comment by AdamH posted on
Kittycat - no as we don’t record or register the beneficial ownership share for example. A form A restriction is often applied for where a TIC exists and that indicates that there is some sort of arrangement or reason for a split. if the property is not being transferred from joint to a sole name I’d recommend you seek further legal advice as to how that impacts on what may happen in the future
Comment by Kat posted on
Hi there,
I would like to divorce my husband but I'm worried that if I do, my council home will be taken away from me. I live in a 3 bedroom house with my husband and 17yr old daughter. So if I divorce him, then it'll just be my daughter and I , so our council home would be taken away right?
Comment by AdamH posted on
Kat - a question for the council and not us. Or seek legal advice or try your local CAB
Comment by Mina posted on
We divorced in 2013 After 3 years of painful battle. As our son was young we decided to live in the same house but In separated room until my son is old enough.
We own a house for the last 22 years. The deed is in my husband name but our mortgage and secured loan is joint which both of us were paying. In our divorce financial settlement, considering our financial status after divorce, we managed to agree 60/40 share of the house in my favour.
Now we decided to sell the house and put the house on the market. I am worried that after sale, the money goes straight into his account as the deed is in his name and he would not give my share easily.
Is there any share protection on land registry that I can apply?
Appreciate your response
Comment by AdamH posted on
Mina - it’s really legal advice you need here to ascertain what your rights are whilst also confirming what your beneficial interest might entitle you to. We can’t advise you other than link you to guidance on how to apply to register and protect an interest if that’s possible. So legal advice must come first.
If you are looking for wider comment/advice then online forums such as Mumsnet can be useful resources
Our Practice Guides 19 and 24 may assist re registration matters but as I say it’s the legal advice you really need here
https://www.gov.uk/topic/land-registration/practice-guides
Comment by Bev pollitt posted on
My husband and I separated in 2015. We have been seeing each other until the beginning of this year. We have been married for 36 years. We bought a house in 2004 and it is due to be paid off in Aug this year. It is only in my husbands name as he is the one who got the mortgage. My mum currently lives in it and I moved back in in march to look after her. I have recently been getting equity release letters for my ex and I know hes trying to get one set up on the house. What are my rights? How do I make sure I'm not left without my share of the property. Can he release equity without me knowing or being informed. Thanks
Comment by AdamH posted on
Bev - it’s legal advice you need here as to what your rights are. The blog refers to registering your right to live in the family home for example. Such a Notice will usually deter a lender from lending against the home so do get advice on that too
Comment by Beverley Pollitt posted on
Thanks for your reply. I have just phoned a solicitor and have an appointment on tuesday. Hopefully I can get it sorted. Thank you
Comment by Suzanne B posted on
My Aunt owned the house in which she lived with her husband. They subsequently got divorced years ago but she allowed him to live in the house with her. She left the house in her will to the PDSA and the ex husband was told he could stay in the house until he died.
He has now died and have found out that his brother who is no relation to the family whatsoever has been told that he is entitled to a half share of the house when it is sold.
Myself, my brothers, sisters and one cousin are all next of kin and surely should be entitled to this inheritance and not the brother of my Aunts ex husband.
Can someone tell me where we stand on this or is it right that the brother gets the inheritance. Thanks
Comment by AdamH posted on
Suzanne - it’s legal advice you need here as we don’t deal with wills/inheritance so can’t advise you.
We register the legal ownership and it reads as if that was still in their joint names despite the divorce. If so then the legal ownership has passed to the surviving owner but does that mean he’s entitled to half? We don’t know.
Comment by Suzaanne B posted on
No the house was only in my Aunts name and he was not a joint owner. That is why she was ab le to leave it to the PDSA
Comment by AdamH posted on
Suzanne - understood then very much legal advice as all about the divorce and any settlement/wills etc
Comment by Varsha Bailey-Gunputh posted on
Hi, my father in law just received a letter from his wife asking g for a divorce. She is been abusing him verbally for years now and as he is terminal cancer he is afraid of what she might do and that's why he never said anything to her and kept quiet. My question is they are living in my father in law home, a family home that was pass down to him from his parents. Will the house be part of the divorce matters even though it was a house he pwn before they met and got married? Also she has been taking pictures of him whilst he was sleeping without his consent can we do anything? Thank you
Comment by AdamH posted on
Varsha - it’s legal advice you need here and I would recommend you speak to a solicitor familiar with family law. If you are looking for wider advice/comment then online forums such as Mumsnet or Money Saving Expert can be useful resources
Comment by oliver jones posted on
Hi. My ex partner lodged a matrimonial homes order . We are now divorced. Does the order automatically drop off now?
Comment by AdamH posted on
Oliver - no. You’ll need to apply to have it removed. Form HR4 plus a certified copy of the decree absolute is the way most apply. https://www.gov.uk/government/publications/cancel-home-rights-registration-hr4
Comment by oliver jones posted on
Ok thanks. Can I complete this form and submit without any involvement from my ex wife? She lodge the original order
Comment by AdamH posted on
Oliver - yes. The form and linked guidance explains how to do it
Comment by Kathryn posted on
Hi
I have a property with ex husband and I have a court order which states he must pay the mortgage until it is sold. The mortgage company say I am still liable and will affect my credit score if he does not pay. Is this true? If so what is the point of a court order. I dont wish to remove myself from the mortgage as I will then loose all the profit. The court ordered 50% of profit to come to me and 50% to home when sold.
Thanks
Comment by AdamH posted on
Kathryn - we don’t advise on such matters I’m afraid so very much one to get legal advice on. If you are looking for online comment then try forums, not blogs, such as Money Saving Expert or Mumsnet for example
Comment by Stan posted on
Hello, please can you advise how long HR4 applications are currently taking to process for applications made at the end of July?
Comment by AdamH posted on
Stan - the wait time between receipt and processing is around 4/5 weeks. If in order and no wider checks are needed then they are completed
Comment by Annie posted on
Hi Stan, can I ask how long it took from posting to the change being made? (if it has been done that is!)
Comment by RichyS posted on
I split from my ex- Husband in 2000. Divorced in 2009. I have been living in the property since then and finished mortgage around 2008.
I have spent thousands doing the property up over 20years.
We are both on the deeds.
What are his rights to the property?
Comment by AdamH posted on
RichyS - if you are a registered joint owner then your legal ownership is protected. What that means legally and what your rights are will be something you should get legal advice on or try online forums, not blogs, such as Money Saving Expert or Mumsnet
Comment by RichyS posted on
Thanks.
Are joint owners 50/50 split under any circumstances? (No dependants).
I feel I’m entitled to more given the passage of time and renovations. However, both names are on the deed.
If it can be split differently then I take it this would be decided down the legal advice route.
Thank you
Comment by AdamH posted on
RichyS - the split you refer to relates to your beneficial ownerships. The legal ownership, which we register, can’t be split and is always dealt with as a whole. So yes re legal advice
The easiest way I find to explain the difference is that the legal ownership relates to the land and building. You can’t split t into one half each plus one bedroom, half a bathroom and kitchen etc.
The beneficial ownership is essentially the value of the land and building. What’s it worth in £s and pence. That can be split and therefore shared in % terms. So you often find joint owners split their share in wills/trusts
Comment by RichyS posted on
Apologies, I wasn’t clear with my goal.
I want to remove my ex-husband from the deeds.
I was trying to determine if he is entitled to half the property. In other words, am I required to buy his 50%? Or if I went down the legal route, can that 50% be reduced given the above circumstances.
I was thinking that he should be entitled to 50% of the property value from 2000 when he left.
Aporeciate your responses
Comment by AdamH posted on
RichyS - no need to apologise as it doesn’t change the responses. We deal with the end result, the Transfer from joint to a sole name and that’s of the whole legal ownership. Who is entitled to or get’s what re the beneficial ownership doesn’t involve us and we can’t advise you on it either
Comment by RichyS posted on
Thanks
Comment by Uchechukwu Onwubiko posted on
Very helpful and useful.
Thanks.
Comment by julie ashton posted on
I have been advised to record a restriction on the deeds of my house to record my ex husbands legally allocated percentage of the property.
At the moment legally it is 50 50 I understand
I have the legal documents - Heads of Agreement' from the judge who made the settlement. He has 38% of the property awarded to him.
How shall I formally register this on the deeds of my property?
Thanks
Comment by AdamH posted on
Julie - we don’t record the % split so I assume whoever advised you is referencing apply8ng for a form A restriction https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common
I’d recommend getting legal advice though as to how best to protect such an arrangement
Comment by julie ashton posted on
Thank you Adam
Comment by Rima R posted on
Hello
I got divorce in 2012.My ex husband name is solely on the property. Iam have been responsible for the mortgage since 2012 and all the bills. I have a daughter who is 15 years old. How do I prevent him from selling or remortgaging the property or any financial transactions.
Puna R
Comment by AdamH posted on
Rima - have a read of our PG 20 for registration guidance but do also get some wider legal advice
https://www.gov.uk/government/publications/applications-under-the-family-law-act-1996
Comment by Annie posted on
Hi, posted off a HR4 today to remove ex-wife of deceased relative. How long is the timescale for processing as nearing exchange/ completion of former matrimonial home??
Comment by AdamH posted on
Annie - the wait time is generally 4/5 weeks currently. If there’s an urgency then please use our Contact form to submit a request to expedite and attach a copy of the memorandum of sale as a reply to the initial response https://help.landregistry.gov.uk/app/contactus_general
Comment by Mark posted on
Hi
I have got married. In 2006 we got joint mortgage to buy the house. In 2012 we have got divorced. I have paid myself mortgage from 2012 till now, from my account. I live with my children and my wife in this house. My ex is married too.
What can i do to remove her name from my joint mortgage? How can i show that she hasnt nothing paid after divorce?
Comment by AdamH posted on
Mark - you’d need to talk to the lender with regards how to remove her from the mortgage. If you are both registered as the legal owners as well then that’s worth talking through as well as you may want to also both transfer it to just you.
https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
So speak to your lender and/or get legal advice as to what your options are here
Comment by Mark posted on
I have talk with the lender, legal advice and solicitors too. She hasns signed the forms because the solicitor has said that you have your equity in this property. I cant explain when she hasnt got pay after divorce, how does she has the equity?
Comment by AdamH posted on
Mark - no idea and very much only something your solicitor can advise you on.
Comment by Sarah posted on
Hello,
I recently divorced and was awarded 25% value of the marital home. This will not come in to effect until my youngest child leaves primary education. How do I register this charge on the the property and put restrictions in place so it can’t be sold and prevent any secure loans taken out on the property without my consent?
Comment by AdamH posted on
Sarah - have a read of the article, our Practice Guide if you are not the registered owner and seek legal advice
https://www.gov.uk/government/publications/applications-under-the-family-law-act-1996
Comment by Sarah posted on
Thank you, I was registered on land registry under marital rights but believe this has been removed since the divorce so wanted to register a restriction and charge. I can’t afford a solicitor so wondered if it was something I could do myself?
Comment by AdamH posted on
Sarah - understood so those rights ended when the divorce was finalised.
If you are looking to try and register your interest then our Practice Guide 19 is the one to refer to https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register
You still need wider advice though to ascertain what your interest is and whether it can be protected on the register by way of a restriction or notice as the guide explains.
If you don’t want to get advice from a solicitor then I’d suggest trying online forums such as Mumsnet as it seems likely others will have been through the same process.
I’d also look back at any advice given re the divorce and the settlement as if this was agreed presumably legal advice was taken as to how it might be enforced/realised and in effect how, if wanted, protected in some way on the property title. We can’t advise you in that other than the guide linked to
Comment by Harrassed posted on
How do I check if my husband has applied for or registered home rights (what are home rights?) during our divorce procedure? Property is in our joint names. He no longer lives at the property. I have paid the mortgage since he left. I am buying him out and want his name removed from deeds and land registry so he has no future rights against me or property. We are waiting for courts to approve consent order. His solicitor says she wants consent order referred to in land registry paperwork? My solicitor says this is unneccessary. Can you please tell me if this sounds correct and what is the correct action I should be taking? Thank you
Comment by AdamH posted on
Harassed - if you are joint registered owners then he can’t register such a Notice
https://www.gov.uk/government/publications/applications-under-the-family-law-act-1996
We don’t register consent orders. Once the court has ordered what happens next the two of you will have to transfer the legal ownership to just you, if that’s what the order states.
All the time you are both registered there’s no further protection needed. It’s only if it was registered in a sole name then the spouse’s interest/rights might need to be protected.
Please do rely on your legal advice here
Comment by Harrassed posted on
Thank you for your advice so far. My solicitor has never offered any advice to me but I feel changing solicitors at this stage will just incur huge costs & delays. I have a decree absolute issued in October 19 and after delays with paperwork have applied in Aug 20 for consent order (agreeing that I do a transfer of equity and get deeds and mortgage in my sole name and pay £12000 to him) and I believe get a decree nisi (could be the other way around - have nisi & awaiting absolute?). The court returned it to my solicitor after 3 months saying they didn't understand her comment at the end, she removed this and sent it back. 3 months later I am awaiting a response from the courts. I am concerned we may have exceeded time limit for nisi and may have to start all over again. Have we? Am I ok to do xfer of equity before consent order as he wants to get his own mortgage asap or should we wait for consent order first? My solicitor says she cant advise on this. Once consent order is completed will nisi be automatic or do I have to apply? Please help!
Comment by AdamH posted on
Harassed - the only part we can advise on is the Transfer. If we received a transfer from the two if you to just one and everything was in order re application and lender consent, then we’d register it. We don’t need to consider why you’ve done it which seems to be the key here re nisi/absolute and consent order. You really need legal advice as to what works best for both if you re timings/divorce
Comment by perplexed posted on
hi there. my parents divorced in 2015 and the house is solely in my mums name on the deeds. my dad has registered a `notice of home rights /family law act 1996` which is currently on the land registry. my dad is currently living there and my mum elsewhere. now my mum wants to change the deeds to the 4 sons but my dad is not awilling for one to be added and is objecting to this. he is happy for the others to go on. what legal powers does this notice give him in regards to deciding/allowing who goes on the deeds; or is it solely up to my mum to put on whom she wishes and my dad has no say.
thanks in advance
Comment by AdamH posted on
Perplexed - if she is the sole registered legal owner then any transfer of ownership would be made by her. Whilst we can5 advise you on what legal rights your Dad has as someone living there if they are divorced then the Notice you refer to no longer applies as they are not married.
So if we received an application to transfer the ownership and/or and application to cancel the Notice both would be acceptable.
In the circumstances I’d recommend your Mother seeks legal a£vice to understand what rights each of them may have particularly if they divorced but agreed he could remain living in the home
Comment by James posted on
Hi, we got divorced and ex-wife is not removing/releasing me from the mortgage as she got the house. What to do next to get off my name? Thx
Comment by AdamH posted on
James - it’s legal advice you need here as sorting the property/mortgage is usually all part of the divorce settlement.
Comment by Gemma Owen posted on
I am sorry to bother you and I'm not even sure if you can help but I am desperate
I have been trying to buy a house since October 2019, after a verity of different problems i am now down to the last one and its involving land. It came to my attention while trying to buy the house that a house 2 doors down owned a ring fence around the property, this has been taken care of and thier mortgage company agreed to sign over the land to the property I want to buy.
The information I have is that 2 weeks before Christmas she paid the admin fees, but I am yet to get any confirmation and this is holding the sale up, I only have a few weeks left on my mortgage offer before it expires for the third time, and I will have to start the process again! could you help in any way? or point me in the right direction of someone that can?
the address of the property I am trying to buy is -
Cefn coed house
upper high street
Cefn coed
Merthyr Tydfil
CF48 2HW
kind regards
Comment by AdamH posted on
Gemma - it’s not something we can help with and it’s very much those involved, namely the seller and the solicitor, you need to be pressing here.
Comment by Gemma Owen posted on
I didn’t think so, Thank you for getting back to me
Comment by Kev posted on
Hi, i just want to find out if it’s possible for my wife to register a notice of home rights on the property that is in mine and my stepdaughters (her daughter) name? Does the fact it’s not solely in my name affect that right?
Thanks
Comment by AdamH posted on
Kev - it’s not if the title is the only one for the home and it’s in joint names
Comment by Kev posted on
Thanks for getting back to me...
Comment by Luke Weller posted on
Hello,
My mother transferred 34% of the deeds into her now ex-boyfriends name in July 2017. She paid for the house outright (no mortgage) cashing in half her pension and redundancy money. He made no contribution to the home whatsoever. 2 months ago he moved out and signed a letter (with a co-sign from a witness) saying he will agree to sign over the 34% for £10k.
He has since got a solicitor involved and is now clamining for the full 34%.
I (the son) have since found out she was/has been domestically and financially abused throughout the last 3 years.
I have a got a solicitor involved but no one seems to know what will be the outcome and I am merely asking if anyone else has had a similar experience?
Many thanks
L
Comment by AdamH posted on
Luke - I’m very sorry to hear of the issues being faced but I’m afraid it’s not an area we can advise you on. I’d suggest you try public forums, not blogs, where others are far more likely to comment. They won’t on this blog in my experience.
Comment by Luke Weller posted on
No worries Adam, thanks for your help anyway x
Comment by Ergun Gunes posted on
Hi There
I have just divorced after 3 years battle but my ex still doesn't want to leave or contribute on mortgage of the flat. The flat is matrimonial house with negative equity presently and is mortgaged only by me and it is on my sole name. Thus I am in arrear for more than 22 000 pounds presently but even the bank can not repossess it due to covid 19.
My question is can have I apply as a sole owner of the property with decree absolute to cancel her home rights (without her engagement) and also what way I shall follow to evict her from there?
Pleased to hear
Ergun
Comment by AdamH posted on
Ergun- if the divorce is finalised then you can apply to cancel using form HR4
https://www.gov.uk/government/publications/cancel-home-rights-registration-hr4
You’ll need legal advice as to how to evict someone
Comment by FT posted on
Hi my ex and I divorced 11 years ago and a charge was put on the property. How long does this stay on the property.
Comment by AdamH posted on
FT - usually until some applies to cancel it. If you are now divorced then form HR4 can be used to apply to cancel the entry assuming it’s the Notice referred to in the blog
https://www.gov.uk/government/publications/cancel-home-rights-registration-hr4
Comment by Fiona Catt posted on
Thanks for the reply but just need to clarify. A legal charge for a percentage of the equity was put on my house for my ex who has now passed away. No mention of this was made in his will and i was told a charge would stay on the property for 12 years. Is this correct or can i remove the charge.
Comment by AdamH posted on
Fiona - clarity only comes with specific details so you need to check and confirm how the ‘charge’ is protected. If it’s a registered legal charge for example then it needs to be discharged by the named charge owner. If that’s your ex then you’ll need his executor to discharge it.
Comment by Sidis posted on
Hello, I've been divorced for 6 years, granted by the courts with a decree absolute. My ex-wife has now placed a Home Rights Notice on the former matrimonial home which I still live in. This has been done without a court order. Is this lawful?
Comment by AdamH posted on
Sidis - she doesn’t need a court order to place a Homes Right Notice but you should still be married. See form HR1 and the warning at the end and if you wish to pursue the legality if her actions then I’d suggest getting legal advice
https://www.gov.uk/government/publications/notice-of-home-rights-registration-hr1
if you are divorced then you can apply to cancel the notice using form HR4 plus a certified copy of the decree absolute
https://www.gov.uk/government/publications/cancel-home-rights-registration-hr4
Comment by Sidis posted on
We have been divorced 6 years & now she has placed a Home Rights notice on the house. I didn't think this was following due process, as a court order would be needed. Our decree absolute was granted 6 years ago.
Comment by AdamH posted on
Sidis - understood but my original reply still applies