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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have been given conflicting advice from 2 solicitors

Resolved Question:

I have been given conflicting advice from 2 solicitors regarding an application for a restriction against the land, B136 Notice. The property is my home which I bought in my sole name. I was married but separated at the time, now my husband is claiming some financial interest in the property. One solicitor said it is standard procedure because you are married and there is no point objecting to this application. The other said to object because my husband has not started either TOLATA or financial remedy proceedings. What is the best way forward do I object or do I allow the restriction until financial matters have been sorted through mediation or through court?
Submitted: 23 days ago.
Category: Family Law
Expert:  Clare replied 23 days ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

I am afraid that the first solicitor was correct - it is a standard procedure and will be lifted once the financial side of the divorce proceedings have been resolved

Rather than try and deal with the matters via the Land Registry you should deal with the matter by attempting Family Mediation and if that fails then make the applictaion to the family ocurt

I hope that this is of assistance - please ask if you need further details

Clare and other Family Law Specialists are ready to help you