Home rights

[Mayley03]

Husband parents brought him a house out right the money was loaned his name only on the deed but there is Tenancy in common.on the deed where it states RESTRICTION: No disposition by a sole proprietor or the registered estate (except a trust corporation) under which capital money arises is to be
registered unless authorized by an order of the court’.

Has his wife who lives in the home can i Register my home rights as me and my husband Have separated and no longer lives here and now his parents want to sell the house .i got two boys that are not my husband kids but if it sales ive got no where to live we have not spoke about Divorcing just Separated at the mo .

Husband ok with parents wanting to sell so they can get there money back

https://www.gov.uk/stay-in-home-during-separation-or-divorce/apply-if-the-property-is-registered It looks like you can register for home rights even though your separated.

But can i apply for home rights with the Tenancy in common on the deed .i cant find the answer any where

If you are in England or wales and the property is registered with the land registry you can apply for a home rights

who is the tenants in common with ?

what are your plans re housing longer term ?

You cannot register a sole proprietor restriction if there is only 1 registered owner
but if you are married you can register a home rights restriction regardless of previous registered restrictions

Tenants in common with his parents

No idea on re housing longer term

This is whats on the deed can i apply for home rights as his wife

2018-10-24
PROPRIETOR: my husband name and address
2
2018-10-24
The price stated to have been paid on 12 October 2018 was
3
2018-10-24
RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.
2018-10-29
RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by husband parents name and address or their personal representatives or their conveyance

That means that neither sole party ( of the tenants in common) can sell or dispose to a trust the property

don they have equal shares? Your parents more? Less?

you need to start thinking about your living plans - yes you need to agree asset split but he’s not likely to have housing responsibility to your children

you need to start divorce process and conversations about splitting any assets there are. Your husband only owns the % of house as listed in the tenants in common shares

If no % listed then the presumption is it’s held in equal shares

I get that if the house sells his parents will get all there money back they paid for but can i gain from the profit if the house is worth more now and can i apply for home rights until we come to some kind off arrangement ive Contributed to the house .
Ive got no where to go and cant afford to privatley rent but i could if i can gain from the profit

I guess the scary part is the possibility that you can’t. That the home is owned by his parents via a trust and the money ring fenced in such a way you can’t touch it.
to me it looks like his parents sought legal assistance in drafting this and you will need to see a lawyer even briefly to explain what’s written to you.
i suspect you will not be able to stay and depending on the level of acrimony/greed should expect zero financial gain.
Proceed expecting nothing.

I would read that as no you can’t OP, they have obviously sought legal advice and done so in this way to ensure you do not profit or gain rights over the property.

N what way have you contributed to the house?

Honestly, you’d probably be better of going to the council to try and get help with housing.

How have you contributed?

It does sound as if legal advice was sought to prevent you getting anything. I’d be planning ahead as if nothing was due.

Ok thanks im not greedy as me and his parents still get on and are really nice they said they wouldnt just kick me out .was just seeing what rights i had to the Matrimonial home if nothing than thats ok

Get proper legal advice

Thank you in think i will

Nothing here says it’s owned by a trust
the parties( ex and his parents) own as tenants in common ( presumed 50:50 unless specified unequal shares)

neither party ( ex or parents) can dispose of the asset without the others agreement.

op can put hone rights on it as I understand

whwther or not op is successful in making a claim on any increase in ex equity ( and increases) will depend on many factors, not least of which how long they were married, their earnings and any dependent children ( of ex and op). In this op needs legal advice to determine what a fair division looks like