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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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property law beneficial interest

Customer Question

hi there, my fiances ex wife has put an application in with the land registry to apply for a beneficial interest in the property which was the marital home (she left 5 years ago decree absolute was through 2 years ago) after my fiance had her family home rights charge removed recently. on the letter for the notice of the charge it says that he can object to this application but we are not sure what he would need to do this or what evidence is required. He wishes to sell the property so they will be fighting over cash rather than the property itself at an fdr hearing which is scheduled for September.

Submitted: 2 years ago.
Category: Family Law
Expert:  UKfamsol replied 2 years ago.
Hello and thanks for your question

I need a bit more info to be able to answer:

Whose name(s) are on the title deeds?
Is the hearing in September the first hearing in the application for a financial order?
Who made the application to court, and why did they wait for 2 years after the decree absolute?
Customer: replied 2 years ago.

hi there my fiances name only on the title deeds and on the mortgage. yes its the firsthearing. his ex wife made the application after she found out we were to be married. As for the time scale mediation was attempted twice no resolution was reached and they both just left things.

Expert:  UKfamsol replied 2 years ago.
ok thanks for the extra info.

I think that given that court proceedings are ongoing, the charge at the Land Registry is likely to be what used to be called a "pending land action" (sorry don't remember if the name has changed recently) ie there is a court case concerning the house, so the applicant is protecting their interest until the court case has been decided. I think therefore that the Land Registry will not remove the charge (unless your fiance's ex as the applicant wants them to) because it is not their job to decide disputes between couples, only to check if the grounds for the charge are correct, which they are.

However, if your fiance was prepared to agree that the net sale proceeds should be kept in an account in the name of his conveyancing solicitor until the court case was decided, that might reassure his ex and then if she agreed, she or her solciitor could apply to the Land Registry to have the charge removed - but note - it does depend on yoru fiance's ex AGREEING to have the charge removed - otherwise, he will need to wait until the court case has decided what should happen to the house or net sale proceeds, and then, when he sends a copy of teh final order to the Land Registry, when they see that the court case has ended, they will lift the charge.

It is important that your fiance cooperates fully with the court case - that means that he will have to prepare his financial statement in Form E - just as his ex will havae to. It's only when the court has full financial information from both of them that the court can decide what is the fairest outcome.

Here's the Form E that he needs to complete, and attach all the documents referred to in it:

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-e-eng.pdf

The form then needs to be sent to court, and a copy sent to his ex's solicitor (and keep a copy himself).

I think your fiance woul also benefit from some face-to-face legal advice. Here's where to find a specialist family law solicitor:-

http://www.resolution.org.uk/findamember/

I hope this helps and I wish you the best of luck.


Thanks and best wishes...


Customer: replied 2 years ago.

Form e's have already been handed in. He fully understands that sge will be entitled to at least half of the equity in the house and has made her offers. However our feeling is that she just wants the house full stop. As that was what she requested at mediation and would settle for nothing less. So in the case that he would keep the equity from the house in an account he would be happy to and it also was his intention if he did sell. However she will not agree as its the house she wants. So what would his objection to the beneficial charge be as she has logged an application it hasn't been allowed yet as we have 16 days to accept the charge or to object.

Expert:  UKfamsol replied 2 years ago.
Ok - well he can object exactly as you have set out (ie he has tried to negotiate with her as he wants to sell the house, and he IS prepared to keep the sale proceeds in a solicitor's account) - and I think he SHOULD object if he wants to - but I anticipate that the Land Registry will say - there is a court case, which does concern this property, therefore until either the applicant asks them to, or there is a final order in the court case, there are no grounds for them not to put this charge on the property.

I know this was not the answer you hoped for, but it would be wrong of me not to be straight with you.

I do hope this helps and I wish you the best of luck.


Thanks and best wishes...

Expert:  UKfamsol replied 2 years ago.
I see that you have looked at my answer but not accepted it. Unfortunately it's not always possible to give the answer that people want to hear - but if we did that all the time, what would be the point of seeking expert advice? Everyone could just give themselves the answer they wanted.

But if you feel that I have not dealt with any points in your question, or you'd like me to clairfy any point in my answer, please let me know - and I'll do my best.

Thanks....
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience: Very experienced specialist family law solicitor, qualifed in 1994
UKfamsol and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

That wasnt the case sorry I am out at the moment in a dress fitting I was happy with yr answer sorry you thought otherwise I didn't have time to read it properly

Expert:  UKfamsol replied 2 years ago.
ok! no problem! thanks - please click on accept when you're free...

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