Divorce - Does someone with a legal charge over H's house mean I cannot apply for HR1 form?

[Halifordian]

I'll keep this brief. My H's name alone is on our marital home. Attached to the title deed is a form which reads

LAND REGISTRATION ACT 2002

LEGAL CHARGE

then details a loan made by my MIL when house was purchased.

Is this the same as her having her name on the deeds? Does that mean I cannot apply for form HR1 on the house?

The loan was not "real" btw, it was a way of ring fencing family money.

Thanks in advance

I don't think it's quite the same as having her name on the deeds. She has ring fenced this amount so I would understand by this that if the house was sold that money would have to be repaid to her out of the proceeds. She certainly has what you would call an 'interest' in the house. I think you should get legal advice on what to do next.

Thanks for that - solicitor mentioned lodging a HR1 and this came up on deeds.

form HR1 is to register your rights to live in the home...home rights. the charge means that when the property is sold, the money from that has to repaid first. it doesn't mean mil has her name on the deeds or any other rights over the house.

just to add also....the land registry will write to the person on the deeds (your H) to let him know that the HR1 has been lodged, so he can appeal the lodging of the form....though in your case, it would be upheld.

THANK YOU both so much xxxx