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Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
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i left my home which was only in my husbands name, after 28

Customer Question

i left my home which was only in my husbands name, after 28 years with my four children due to domestic violence, i saw the house for sale so i asked land registry to put a charge on it, it has come back and two of his friends are now also proprietors with charges. What does this mean for me, I have not started divorce proceedings as yet
Submitted: 3 years ago.
Category: Law
Expert:  Matt Jones replied 3 years ago.

Matt Jones :

Hi have you involved a solicitor as yet?

Customer:

no, i am not in a position to afford a solicitor

Matt Jones :

I see.

Matt Jones :

i think you may need to try and find a solicitor who will operate on a no win no fee basis

Matt Jones :

you have done the right thing in lodging the home rights application that will protect your interest

Matt Jones :

however it is probably that your husbands "friends" have put their charges on the property fraudulently in order to protect his interest

Matt Jones :

these charges and ownership need challenging in order for them to be removed. A court will take a dim view of a husband trying to defraud his wife out of the matrimonial home by placing other people on the title simply to limited her claim

Customer:

Does this mean though that the sale of the property can go ahead without my permission?

Matt Jones :

no. any solicitor will need your consent so you have at least postponed matters, but you really need to challenge them.

Customer:

But what I am worried about is if there is a buyer right now? While I am waiting for legal aid and by the time this is granted could the house be then sold within this process?

Customer:

So the solicitors of the buyer will have to check with the title? Will they also mention the other "friends" and look an

Customer:

*at my home right?

Customer:

I just want to know if I will be considered regardless?

Customer:

The two friends, my husband and the mortgage company are on the proprietorship register, what is the purpose of this and why can't I also be on this register?

Customer:

Is there only a certain amount of places on this register? These people are also on the charges register, where as I am only given a notice of home rights after all of them.. I do not have a cha

Customer:

*charge, why am I not considered a charge or proprietor and does this mean their charges come before mine?

Matt Jones :

hi sorry my connection when off then

Matt Jones :

*went

Matt Jones :

the reason that the new people are on the register, i am assuming is that your husband has transferred the legal ownership to them. This hasn't been done for you and is why you are not a "proprietor". I am again assuming this was done fraudulently, simply to build a "wall" between them and your right to the home. this is why the legitimacy needs to be challenged. You need a Court order that settles the financial arrangements between you and says what will happen to the proceeds of the matrimonial home when it sells. Their charges come before yours simply because they have been registered earlier than yours. the home rights notice will deter a bona fide buyer from completing until the home rights issue has been resolved, and the notice removed. this will give you time to make an ancillary relief application to the court. But i urge you to seek the assistance of a solicitor as soon as possible (whatever the cost - i know this is easier said than done, but i am only saying this to protect your interest. You may even get a costs order if the court determines your husband has acted underhandedly and so you may get some or all of your costs paid)

Customer:

Thank you, XXXXX XXXXX like I will get legal aid due to domestic violence, however would it be your advice that I can wait for this or do I need to start the ball rolling without it?

Matt Jones :

the homes rights notice you have registered should hold things for the moment. if you get a letter from a solicitor in the sale simply write back saying you don't agree to the sale and are seeking legal advice and say no more. This should delay things sufficiently.

Matt Jones :

I truly hope you get things sorted and that you turn this underhanded tactic to your favour.

Customer:

Thank you for all your help, I really appreciate it. I will leave you with 'excellent service' feedback.

Matt Jones :

if you have any follow up questions then the question wont close after you have given feedback and you can always come back and ask further q's. All the best and I hope things work out for you.

Customer:

Thats great to know, thanks.

Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience: I am a qualified and practising Solicitor with over 7 years post qualification experience
Matt Jones and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Matt, I emailed the solicitor I was interested in using and got rather a negative response, firstly she says that legal aid is not available for divorce or financial settlement and secondly that it will not be straight forward as my husband seems to have transferred my assets ? I mentioned domestic violence - I thought legal aid was still available in this case ? and yes he has put proprietors down but if that was the end of it wouldn't most people do that ? thanks Georgina

Expert:  Matt Jones replied 3 years ago.
Hello Georgina

I am afraid I cant comment on the availability of legal aid as I have never practised in a firm where it was handled

I do know that unfortunately cut backs have meant that the scope has become limited. I am sure you have looked already but check out this following website

http://www.justice.gov.uk/legal-aid/make-an-application

I still think my advice to fight this matter still stands. I cannot guarantee you don't have an uphill battle as you still have to overcome the fact that individual have registered charges against the property before your interest was register. There is a chance that these charge and transfer were legitimate (or should I say they could convince a court they were legitimate), but you need to see evidence of how and why they came about to be able to evaluate this.





Customer: replied 3 years ago.

thanks matt

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