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Application for a home rights notice B94-1 - anyone around to HELP?!!!

(13 Posts)
petersham Fri 30-Dec-11 14:04:25

I have just recd this late Christmas pressie from the Land Registry in Wales (bizarre as we are in London). My deadbeat estranged DH has registered this and I am not sure what to do really. Quick background: my property and I always paid for everything (bills/Mortgage) , my mother has a substantial charge on it. He was abusive and never contributed, left voluntarily and suitably accommodated back in his home country since July of which I have evidence.

Also have evidence that he acknowledges that I was the primary carer (ha ha, ONLY carer of Dcs would be more appropriate actually). Dcs can't stand him , don't want contact but solicitor has negotiated a phone-call a week (against WA advice) one was badly physically abused by him which is what ended the marriage.

I think his intentions may have been fraudulent for quite some time as his mother fleeced his father in much the same way and always hated me and was trying to encourage him to walk out even though I was extremely tolerant of the feckless wastrel against my better judgment. He was seeking out property in his country - presumably intending it to be financed by my money. I have applied for divorce but given his crap behaviour and non-contribution, we did not think that he would have the audacity to stoop this low.

There have been so many emails from the moment we separated which talk about "our house, not your house" which we need to sell asap (I have no intention of moving and as far as I can see, I would not have to even in a weaker co-dependent position).

There was also the friendly advice email "Don't bother with solicitors, they'll squander our DCs future inheritance, just sell up and give me half". What an utter, utter bastard. My children were born in this house and love it (none more so than my DS with SNs who relishes the security if=t affords to us).

If he had paid half, quarter, ANYTHING than fair enough but this is an abuser who has been condemned by SS, Police etc. I could explode and need to know whether I can have this ludicrous right removed and if so how?

mumblechum1 Fri 30-Dec-11 14:07:19

You need to make an application to the Land Registry and they'll do some sort of arbitration.

Sorry I honestly can't remember much detail but I did the procedure successfully for one of my clients many many moons ago.

Suggest you contact the LR for advice.

mumblechum1 Fri 30-Dec-11 14:08:00

Obviously it has to be backed up with documentary evidence of mortgage payments, payment of deposit etc etc.

If the claim is substantial you are probably going to need a solicitor to help.

mumblechum1 Fri 30-Dec-11 14:09:11

BTW, any allegations about his behaviour are a waste of breath. It's just an arithmetical exercise, together with a consideration of whether there was an agreement between you that he had an interest in the property even though he isn't on the deeds.

petersham Fri 30-Dec-11 14:49:08

Thanks mumblechum - I just called them and they didn't mention anything of the sort. They just said that since it was the matrimonial home at some point then he has a right to be on it. I asked for a form to be sent re having it removed though they did not exactly offer it voluntarily - could this be the procedure? What sort of evidence could he have provided to back up his application? When I asked them whether there was any they said no, it is just the form(?)

I asked whether it had to be an agreed application but they said no. I may apply for a copy of his application for twelve pounds and it does not seem right to me. Is it a good indication that he is seeking financial settlement of some sort?

Is there any chance you would remember the name of the procedure? I am really upset and angry by it all.
WHile I am writing to you, am I right in thinking that you know a thing or two about wills? If so, could I ask you whether I should have a sort of interim will drafted now or wait until the divorce is finalised?

RandomMess Fri 30-Dec-11 14:56:48

petersham regarding wills please do one now just in case, the divorce could take some time to be finalised.

Perhaps mumblechum will do a special rate on issuing the same will again once the divorce is finalised wink

<<apologies to mumblechum in advance>>

Unfortunately as you were married your dh does have a claim on the marital home regardless. However if you have dc that will be dependent on you past 18 due to special needs erm perhaps that gives you leverage to retain the lions share...

Would you be able to pay him off at all with anything in exchange for having no claim on the house etc?

mumblechum1 Fri 30-Dec-11 15:01:31

Hi OP, have just looked it up for you:

Essentially, there are ways and means of having it removed; I remember now that the one I did about 10 years ago was for an older lady whose interest in a house owned by her dd and dsil had to be protected, so not the same as a married couple.

You'll need to apply for it to be removed once you have your Decree Absolute, if you haven't, in the meantime, agreed or had the court order that the Notice can be cancelled within the divorce proceedings.

If I were you, I'd get on with the divorce sooner rather than later, and subject to what your divorce lawyer advises you, would be inclined to apply for Decree Absolute at the earliest possible date (6 weeks after Decree Nisi). Normally I recommend not applying for DA until all finances have been resolved and your lawyer may say the same, once he or she knows all the details of your particular case.

So far as wills are concerned, if anything happened to you before Decree Absolute and you don't have a will, your husband will inherit the first £250,000 of your estate and have a life interest (ie receive interest on), half of the remainder. I do recommend therefore that you make a will to prevent that happening. Your will can contain a clause to say that it isn't automatically revoked on Decree Absolute to save you having to do it twice. It can also specifically exclude your husband to prevent him trying to say that he's been missed off accidentally.

I have an advert over on Small Business Classifieds titled "5* Will Writing Service Recommended by Mumsnetters" if you'd like to mosey over.

RandomMess Fri 30-Dec-11 15:21:02

that is good to know mumblechum about the clause so you don't have to rewrite the will.

Please do your will asap, my colleagues adult dd died very unexpectedly a couple of months ago mid acrimonuous divorce I think it is highly likely that her would be ex has inherited the lot.

petersham Fri 30-Dec-11 15:39:35

Many thanks for the great advice - frustrating that there is no quick solution to removing his rights. I haven't even got the DN yet as he filled in an ambiguous answer in his initial divorce responses form which the courts queried and of course, he never bothered to clarify whaT HE MEANT - THIS HAS WASTED MONTHS.
What is the law regarding how long he can get away with wasting time and trying to bully us into agreeing to a bigger financial settlement? My solicitor did the sums and had advised that since my relative had a massive registered charge on the property, my actual equity
was low enough for us to ignore property issues altogether and not bother with a costly clean-break. This new devt may change things, I suppose.

Yes, I must look at the drafting of the will, I have been putting it off for too long. I am not even breaking even at the moment but I must beg, borrow (but not steal!) the money to pay for one.

I am also puzzled as to why he claimed to be ordinarily resident in the UK on the divorce form when he has clearly moved back/set up home back in Europe and said that he would never live in the UK/ cut all ties etc. Can either of you think of a motive?

Many thanks again for the advice - I was ripping my hair out when I started venting, my solicitor is away (as is often the case) and you have saved my sanity by putting things into perspective!

mumblechum1 Fri 30-Dec-11 18:51:09

Have responded to your PM smile

RedHelenB Fri 30-Dec-11 18:55:43

Definitely go for a divorce & a clean break or he will forever have claims on your finances.

RandomMess Fri 30-Dec-11 20:12:01

Well if you haven't got much money or equity in the house and the dc needs to be housed he probably isn't going to get much...

How much areas of child maintenance does he owe - ask to take it out of his share of the property grin

petersham Fri 30-Dec-11 21:18:24

Well, he has not paid a penny as I have no idea whether he is currently working back in his native country etc. In any case, he is def raking it in through state handouts. He used to do very informally arranged self-employed type assignments for friends and probably still does though I would never be able to prove that he was ever employed by them. The last I heard in July was that he was rec around £900/ month tax free in state handouts back home just because he was a parent (even though we had left that country and informed them, if you are not native, they basically don't engage). He was also paying peppercorn rent for a large three bed state-owned flat which he was awarded post-separation and is where he is still currently living. The CSA guidelines appeared to suggest that I could not claim against this source of money. The foreign dimension is obv an added complication from their pov.

He has a large pension to which I have spousal rights as well as a life assurance policy (necessary as part of their health system) to which I also have rights and I have said that I am glad to give up those rights just to get rid.. we are nowhere near that stage of negotiation though and collaborative law is not appropriate as he is abusive and manipulative (something my new solicitor acknowledges and which was ignored by her predecessor).

In addition, he stole many possessions from the house when he arranged to collect his stuff. I had agreed to be absent along with the DCs - a relative was there and they did not know what was actually his though were taken aback regardless by some of the things which he stole (kitchen wall clock, all teaspoons, smoke alarms, DCs toys which they used everyday where he had paid for them / had been given as presents by his family - thankfully a rare occurrence). I noticed the larger items, digital camera, hardware and my wedding ring. Everyday I notice new things. He told my relative that since he was setting up a new home, he felt entitled to help himself to whatever he needed. It is prob too late though I did consider filing something at the Police Station. My family has paid hundreds of pounds to help me replace these items.

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