HELP!! Notice of home rights under the Family Law Act 1996? What does this mean?

[Stresssy]

just received my sales pack for a property I’m buying, this charge is on there? Notice of home rights under the Family Law Act 1996? I have a nail biting moment that this could actually all fall apart? Has anyone seen this before or have any idea what it means? Google is terrifying me!

I could be wrong but are the vendors going through divorce ? Isn't it so one party can't remortgage and/or sell without the others consent?
Like I say could be massively wrong so Google is your friend here!

I had a sneaky suspicion that this was the case. 😩 The property is empty, and I’ve been strung along quite a bit. I can’t call my solicitor until Tuesday and I’ve only had time this morning to go through the paper work 🥹 I’m so stressed! Google has me petrified. 😳

Survey was done 23/08/23 and searches have started 🥹 I’m gutted!

This is to protect the right of the non-owning partner to remain in the home.

As the property you're buying is empty, then it sounds like this is just a technicality in this case.

In other words, the non-owning partner DID have the right to remain in the property, but is no longer exercising that right but hasn't formally had that right removed at the Land Registry.

The fact that the property is empty is the important part here.

Your solicitor will be able to clarify for you on Tuesday.

Thank you so much @EmilyBrontesGhost for giving me a little hope 😅 I really do hope this purchase can still happen 🤞🏼

It will be in the seller's interest to sort it and be able to sell so I wouldn't panic yet. Most likely just a technicality.

@octoberafternoons i really hope so 🤞🏼 I’m so worried. I’ve sent an email to the estate agent this morning to see if they can enlighten me at all 🥹

What has google thrown up that's so terrifying?

My friend did this on a property she lived in with her now exH after he had an affair. Her name wasn’t on the deeds so it prevented him selling without her permission and making her homeless. It was very easy for him to resolve (by agreeing she had a 50% interest in the property) and the house sale proceeded smoothly. You don’t need to worry yet.

@Paq That the non owning spouse still has rights to live in the property and I wouldn’t be able to alter the property in anyway. Basically their interest in the property will bind any third party. 😩 so I probably would not be able to sell the property if I needed to.

@WeirdBarbie something is niggling at me that this may not be as straight forward 😩 I don’t want to divulge too much information. 🤞🏼 I really hope Tuesday brings me some clarity. I just wish I would have known.

The charge would be removed at the point of sale to you.

Talk to your solicitor first thing Tuesday morning. Scan the document and send it to your solicitor.

@MarshyMcMarshFace i will be at my solicitors first thing Tuesday morning as I don’t want to waste any more time or money 🥹

Had this in my last purchase. Can be bad news or just something the divorcing couple get removed because the financials are all agreed - may not be a massive problem - hoping that's the case for you

No, this is entirely about protecting the right of the non-owning partner to remain in the home and so not be made homeless if the owning partner wants to sell.

Can you give a link to where you have read about third-parties being bound by anything?

@EmilyBrontesGhost I've read so many since 7am they all state the same some are more informative than others 😩

I just googled the notice and there are multiple threads of solicitors 😩

Yes if it's noted on the deeds /register this binds all purchasers

Only a complete innocent third party without notice, paying value can avoid being bound by most property restrictions . (A bone fide buyer)

One to discuss with solicitor Tuesday. Have they also not reviewed the paperwork?

Right, I've googled that page and read it.

When it says it binds third-parties, really that's referring more to mortgagees rather than someone buying the property. Your solicitor would not allow you to buy a home with a home rights order in place. The home rights order will be discharged one way or another, either by the non-owning partner agreeing, or the order being discharged on sale of the house.

I suspect that in your case the non-owning partner has agreed to the sale of the house, I doubt the vendor would have put it on the market otherwise. And bear in mind it's EMPTY. This is important, the non-owning partner is no longer living in the home and that's what the home rights order is for, to protect their right to live there.

Your solicitor will deal with all of this, that's their job, and I'm sure it's just a technicality in your case and will be easily sorted.

Just to add OP, it's unfortunate that it's a bank holiday weekend so you have to wait until Tuesday to contact your solicitor, rather than first thing in the morning, so that's an extra day worrying for you.

BUT bear in mind that your solicitor will be used to dealing with these things, so what seems like a big deal to you, will be par for the course for them. They will sort it for you, that's their job.

When I moved to my home five years ago there was some problem with access or something and my solicitor had to get an "easement" or something. I've no idea, I never knew what it was about, I just let them get on with it and sort it, that's their job, that's what I was paying them for.

Try not to worry x

@EmilyBrontesGhost thank you for your help. I will speak to my solicitor on Tuesday and hope that we get some good news 🤞🏼

Thank you so much for your reassurance @EmilyBrontesGhost I’m gutted it’s the BHW because you’re right, I’m gonna stress until Tuesday. There has been a couple red flags that should have made me realise there would be an issue. I hope my solicitor can reassure me that all will be good. I will update here as soon as I know 🥰

Your solicitor will have seen this already before forwarding the home pack to you and would have flagged it up if concerning. Third party here means in practice the mortgage company, not the buyer.

We had something similar when selling as a third party had a charge on the property but that was all resolved on sale; it was never an issue for our purchaser.

There was a similar situation with a house in my street. It delayed sale of the property, but only because the person being divorced by their partner was being deliberately obstructive and refused to move out for a couple of months. It all worked out in the end though. The fact that the property you are buying is clearly empty is very reassuring.

The thing with Google is that it will always direct you to the worst case scenarios, when, almost certainly, there is just a small issue to resolve.

Try to enjoy your weekend. I'm sure your solicitor will put your mind at rest.