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Registered interest on house but after divorce?

2 replies

Cordillera · 05/02/2019 15:02

My 84 year old dad is getting divorced, he and his wife have been estranged for many years despite living in same house. She wanted the money from the house so asked for divorce. He bought the house outright 30 years ago, some 20 years ago she registered her interest.

If they get divorced and a financial order has not been made, what happens to her interest? As it was based on being a spouse does it cease to be?

OP posts:
Collaborate · 05/02/2019 15:39

She has registered her right to occupy the property, which ends as soon as the marriage ends. To get better protection she needs to apply for a financial remedy order and register that claim. She can apply under s.33 of the Family Law Act for those rights to extend beyond decree absolute.

Cordillera · 06/02/2019 15:09

Thank you for that.
It's a difficult situation as it seems crazy the divorce could be made final without a financial order but that's where they're heading as have been given dates for decree nisi and decree absolute (end March). I don't know what to advise him other than keep talking to his solicitor.

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