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Caveat on a property?

(8 Posts)
beingsunny Thu 16-Mar-17 02:56:57

My STBXH is being quite difficult and I'm concerned he may try to sell our apartment in the U.K.

We have been together 12 years, separated 18mths and were married for five.

The apartment was out first home together, his parents loaned us a deposit and therefore I don't have my name on the mortgage or title.

Does anyone know if I can place a caveat on the property preventing a sale until we settle our financial agreement as part of our divorce?

We both live overseas so it's a bit trickier and my lawyer here will charge me the earth to do it on my behalf.

ChoccyBee Thu 16-Mar-17 03:04:22

I believe you can, yes, but I think you need to do it once the divorce proceedings are underway??

I think you should have a good google smile

beingsunny Thu 16-Mar-17 05:19:38

Thanks, it's a HR1 form I need, I'm outside the UK and they call it something else here which made it hard to find the right info confused

Collaborate Thu 16-Mar-17 07:22:02

Not sure. If you're getting divorced in the UK you can apply for a property adjustment order, and on the basis that you're making a claim against the property you can register a notice at the Land Registry.

I'm not sure how it would work if you're getting divorced abroad though.

MrsBertBibby Thu 16-Mar-17 07:38:00

The HR1 is for the matrimonial home, though. Is this apartment rented out? If so you need to register an agreed notice, either with his agreement, or by filing evidence of your claim with the land registry. Which they may not accept, they are quite strict.

Where are you divorcing? I mean, which country?

Bluntness100 Thu 16-Mar-17 07:40:20

If you don't have your name on either the mortgage or the deeds I don't see how you can. But ask your solicitor.

beingsunny Thu 16-Mar-17 07:51:06

Bugger, I'm getting divorced in Australia.
Didn't realise it mattered as we are both English and this was our fist home together, we have paid equally on the mortgage for 12 years and it's been rented out 😩

Collaborate Thu 16-Mar-17 15:11:37

You can register the MH rights if it was once a property you lived in together when you were married, but after the divorce comes through (which might be before the finances are sorted) he could get the MR notice removed, as it only protects your right, as his wife, to live in that property. When you are no longer his wife you lose that right.

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