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Matrimonial Home Rights on Decree Absolute

(10 Posts)
n1cknack Fri 14-Nov-14 22:42:26

hi,

Decree nisi has been granted and its now the 6 week wait. The grounds were unreasonable behaviour. The property is in the sole name and sole mortgage of the petitioner. The respondent is in the property and has placed a matrimonial home rights on the property after separation.

Can anyone advise, what happens to the matrimonial home rights on issue of the absolute? The respondent will not enter into financial discussions at all even though the petitioner's solicitor has requested financial disclosure etc.

Any advice about getting the financials sorted?

Thanks

Lonecatwithkitten Sat 15-Nov-14 07:40:49

My solicitor strongly advised not applying for decree absolute till the financial consent order was resolved. As I understood it the DA brings no financial decisions, but does allow parties to remarry that can significantly muddy the waters.
All the advice on here I have ever seen is get financials done before DA even if you have to wait. I'm still waiting 15 months after DN.

Collaborate Sat 15-Nov-14 08:33:09

To answer your question, the rights expire on DA. The petitioner can send a copy of the DA to the Land Registry and they'll remove the notice.

n1cknack Sat 15-Nov-14 09:45:24

Thanks for your replies. Can the respondent stop the notice being removed or indeed stop or delay the DA being given? Can the respondent remain in the property?

Collaborate Sat 15-Nov-14 14:44:33

What fact is the petitioner relying upon?

n1cknack Sat 15-Nov-14 19:19:17

Unreasonable behaviour

babybarrister Sat 15-Nov-14 19:57:28

Agree that home rights lapse on DA -possibly you may be able to delay the DA to prevent the happening depends on your circumstances

Collaborate Sat 15-Nov-14 21:10:41

The High Court has an inherent jurisdiction to delay DA but its powers are rarely used.
Instead you can apply under s33(5) of the Family Law Act 1996 for an order that your right to occupy is not lost on DA.

Greengrow Sat 15-Nov-14 22:10:28

That sounds right above. Most of us are advised not to go for decree absolute until there is either an agreed consent order or a court order on the finances. You may want to delay DA and push the financials through the court process if the other party will not discuss them, to get it finalised before DA. My ex was advised not to leave until DA and house transfer to me and mortgage ni my sole name and large payment by me to him. The day after all that was done he left.

LandRegRep1862 Thu 20-Nov-14 15:11:27

Once the DA is granted then the Notice can be removed on application as mentioned and explained in our online guidance
https://www.gov.uk/government/publications/applications-under-the-family-law-act-1996/practice-guide-20-applications-under-the-family-law-act-1996#application-to-cancel-a-notice

As the marriage is then annulled the rights cease so the respondent could not then prevent the removal

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