A colleague has recently applied to register her matrimonial home rights with the Land Registry as she is commencing divorce proceedings and still living in the family home.
The office copy entry shows that the property is owned jointly by her husband and his brother. There is also the suggestion that his parents have a charge over the property as they are named in the charges register beneath the mortgage company.
Land Registry have rejected her application, because her husband does not hold the property as sole proprietor and also because there is a "joint proprietorship restriction" which may mean the property is held in trust for someone else (his parents).
Please can anybody confirm whether this means she does not have matrimonial home rights under s30 FLA 1996 or simply that the Land Registry cannot register it?
Should she consider registering a pending land action instead? Or applying for an occupation order? At this stage, no proceedings have been issued.
My colleague hopes to agree an amicable clean break financial agreement where he gives her a lump sum so she can buy a property of her own. He has offered £10k, she would like £30k. There are no children and the marriage was less than a year. So understandably she wants to keep things simple and avoid high legal costs.
Thanks.
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Matrimonial Home Rights
9 replies
girlynut · 13/07/2013 09:36
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babybarrister ·
13/07/2013 15:31
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babybarrister ·
13/07/2013 21:24
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babybarrister ·
14/07/2013 19:36
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