After divorce do I have to remove a matrimonial home rights notice I placed?

[clovernight]

XH keeps hassling me about this. The decree absolute has gone through and we are fully divorced and he keeps hassling me about this saying the bank won't give him a loan. I told him it's not valid anymore cos the clue is in the name isn't it. He says I should remove it. I thought he just needs to tell them he's divorced/show them the certificate and that's it

Do you have any financial interest in the property or any outstanding financial issues from the divorce?

I don't know the legalities but if you do have any shared financial issues remaining then that notice would remain in place. If you don't I would remove it as why would you want to make life awkward. If it will cost you to remove it then perhaps he should apy the costs? I can see why it would not disappear with divorce though as many people do not sort financial until after divorce and rely on such notices to ensure they get their fair share.

The pragmatic view is that if the bank is refusing to lend to him because of the matrimonial home rights notice, regardless of the logic that says a decree absolute should satisfy them it cannot be enforced, we all know that larege organisations can be devils when it comes to bureaucracy. Therefore in your position I would act to have it removed (never done such a thing so don't know how) just to give the guy a break.

Yes, agree with @LittleOwl153 , only do this once the consent order (financial settlement) is signed off by HMCTS

Why are you not just removing it?

Consent order all signed off. The thing is the court order states that he can't remortgage anyway so it looks like he'll go against the court order?! What are the consequences of this?

I am in the property for the next two years while DC finish with school, after which I get a % of the equity and leave. The home rights notice was from well before financial agreement was reached

So that’s a drip feed. So you don’t want ro remove it as you live there. Just tell him that

Ah no way would Iremove it then. You still live there and have financial interest in the property. He could remortgage without your consent and remove all the equity which is presumably what the court order to prevent him remortgaging is to prevent.

Good point. I didn't really care about the home rights notice since the court order protects the house. So I thought whatever, let him remove it if he wants to. I just want him to stop hassling me or contacting me tbh. But yes it looks like I'd better not do this

Depending on who's name the house/mortgage is in he could do anything without your consent, you'd the. Be left taking it back to court to enforce the order get any money from him - if there is any left.

My response would be something like "no I'm not removing the notice as I still have a financial interest in the property. The court order states that there should be no change in mortgage anyway so I would not consent to you securing a loan on the property until this order is executed. The notice will be removed then."

Thank you littleowl. That sounds sensible