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How can I stop exH selling his property whilst we sort out our divorce?

(15 Posts)
Namechanger2015 Fri 30-Oct-15 12:15:06

I need to stop my exH from selling his assets, as he has already sold one of his properties (to his dad, £100K below market value hmm).

He has other properties, purchased before our marriage.

My direct-access barrister has told me to register an interest in the properties to prevent him selling them. He said I can get the forms from the land registry.

Which forms do I need? I can't find the forms online?

Bonywasawarriorwayayix Fri 30-Oct-15 12:23:21

It's form HR1. Try googling 'register matrimonial home rights' and you'll find a government guide explaining how to do it.

Collaborate Fri 30-Oct-15 13:57:13

You need to apply to court for a transfer of property order. Then you can register your claim against the properties at the land registry (by applying for a notice). Don't have details of the forms to hand, but if you google it you'll find out.

Namechanger2015 Sun 01-Nov-15 19:04:31

Can I do this for properties that ExH owns in his name only? He bought a couple of properties but he rented them out during our marriage.

He has already sold one to his dad and it makes me wonder if he will sell the others off to friends to prevent me/DC claiming a share.

They were bought in his name only, before the marriage.

Collaborate Mon 02-Nov-15 09:16:55

Yes. Especially for properties he owns on his own. Issue an application for a financial order, then when you get the application back from the court issued you use that as proof to send to the LR with your application.

Namechanger2015 Mon 02-Nov-15 11:43:23

Thanks so much Collaborate!

I have filed my Form A nearly a month ago, so it should be coming back to me soon. This is going straight out again with a bailiff application as exH has so far refused to acknowledge any communications received by email or post.

So once I have my Form A back, I will send that to the Land Registry along with the HR1 form?

www.gov.uk/government/uploads/system/uploads/attachment_data/file/449289/HR1.pdf

Collaborate Mon 02-Nov-15 12:50:17

No. You need to apply for a unilateral notice using form UN1.

See this guide: www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register

Collaborate Mon 02-Nov-15 12:52:24

Applying for the notice means that you rank in priority to any subsequent creditors or dealings with any of the properties. Your claim against the properties will always then come first (save for existing charges or claims protected by notice).

Do this for the marital home too (it will stop any equitable charges being taken) and also use the HR1 for the marital home too (provided it's in his sole name).

babybarrister Tue 03-Nov-15 14:28:08

Just a word of warning that sometimes - depending apparently on the particular land registry, they will not put a notice on properties claimed in the divorce but which are not the home - you will though be told this by the land registry first and in that case you will need to seek an undertaking from him or get a freezing order ...

Namechanger2015 Tue 03-Nov-15 15:36:31

Thanks baby, this is what I have read online and am confused by, as it seems some suggest that only the FMH can have an interest registered against it, others seem to suggest you can apply for all properties.

I have not done this yet, my barrister doesn't think it's imperative but said it wouldn't harm us to register and interest, so I will give it a go I guess.

babybarrister Tue 03-Nov-15 17:41:01

the great thing about the land registry is that it is free or virtually free so give it a whirl!

DeoGratias Tue 03-Nov-15 18:46:18

Yes I thought it was always called the spouse's right of occupation of the matrimonial home in the old days so always assumed it just gave the spouse a right to register the notice over the marital home. I might be wrong though.

babybarrister Tue 03-Nov-15 21:58:35

There is a difference between marital homes and other property - sometimes you can get notices tho over non marital homes ...

Collaborate Tue 03-Nov-15 22:54:33

For unregistered property you can register what is called a Pending Action. The Land Registry equivalent is a notice. Look under para 6.13 in this: Land Registry Practice Guide 19.

Namechanger2015 Fri 20-Nov-15 11:30:47

I have registered an HR1 form against the property he is now selling, to try to delay the sale.

I have also sent off a UN1 form against the remaining property that he has not yet sold (the last one left out of 5).

The flat he is selling at the moment - the one I have just sent the HR1 form for, it registered in his name only, but he purchased it 5 days before our wedding - without telling me hmm. He then received rent on this flat throughout our marriage which he kept separate. He also kept rental income from 3 other properties separate to me/our finances.

I spent all of my income on family needs - food, nursery fees, some of the bills, some lump-sum mortgage payments on our residence, but nothing on 'his' properties.

When I was on maternity leave three times with our 3 DC he refused to give me any money, so I lived off SMP and savings, whilst he continued to earn his salary plus rental income from 4 properties.

Will this be taken into consideration by the courts when arranging our financial settlements?

I have been trying to serve him divorce papers since May 2015, and he denies knowledge/receipt each time, and is going ahead with the flat sale without my knowledge (I chanced upon the property on Zoopla, with a 'STC' label on it).

We are now serving via a process server, along with a letter urging him to seek legal advice before disposing of marital assets, but he will not receive this until after the flat sale is completed (if it hasn't already), as he is currently away on business.

Argh. Any advice or words of wisdom? I am afraid he will sell everything and dispose of the cash somehow leaving me and the children with nothing. Can he do this if the flats were in his name only and essentially he ring fenced the income so we didn't profit from it anyway, so it's not really mine to claim on?

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