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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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a final charging order as been awarded against our home. My

Resolved Question:

a final charging order as been awarded against our home. My husband is the sole registered owner. What are my rights I have contributed jointly in all aspects physically and financial. I have advanced Parkinson's and have been married 30 years. Can you advice me on my options in regards XXXXX XXXXX any rights legal recognized.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thanks for your question. My name isXXXXX can assist with this.

tdlawyer :

Have you registered a Matrimonial Home Rights notice against the property title yet?

JACUSTOMER-2fnw8ast- :

NO

tdlawyer :

Then you need to do this. It will prevent an order for sale of the property being made until the MHR notice is removed.

tdlawyer :

There is useful guidance in this Land Registry note you might wish to consider: http://www.landregistry.gov.uk/public/guides/public-guide-4

tdlawyer :

Additionally, you may be able to show that you own a beneficial interest in the property, by virtue of your contirbutions over the years.

JACUSTOMER-2fnw8ast- :

HOW AND WHAT IS MHR NOTICE

JACUSTOMER-2fnw8ast- :

WHAT PROOF WOULD I REQUIRE

tdlawyer :

An MHR notice protections your interest, as wife, in the property in which you live with your husband. It stops others from doing anything (or him) that adverseley affects your interest until the nature and extent of your interest is determined by a court.

JACUSTOMER-2fnw8ast- :

would you be able to act on by behalf if so what would your fee be

tdlawyer :

I'm afraid we're not allowed to do that on this site, but there are lots of solicitors out there that would be able to do this very quickly and efficiently for you.

JACUSTOMER-2fnw8ast- :

the local solicitor I went to was of the view that it could not be done can you put me in touch with someone who can

tdlawyer :

What area are you in?

JACUSTOMER-2fnw8ast- :

co durham

tdlawyer :

Okay, I don't know any solicitors in that area, so I would suggest you tell them to look at the Land Registry link I sent to you, and that explains the position. They should also look at form HR1 - you need to speak to a family lawyer.

JACUSTOMER-2fnw8ast- :

thank you will the link remain when you log off

tdlawyer :

Yes, it will.

tdlawyer :

Is there anything else I can improve on this for you, are you happy with the service this evening?

JACUSTOMER-2fnw8ast- :

the charge relates to civil case cost and appeal we have had a warrant for the first but not for appeal even though two years has past is there a time limit in which bill can no longer be issued

tdlawyer :

Not once they have a charhing order, the time stops running, but normally there is 6 years to get a charging order from when the court gives judgment.

JACUSTOMER-2fnw8ast- :

thanks you have been very helpful can a charge include a bill which we have to date not received

tdlawyer :

No, a charging order can only charge in respect of those quantified sums which are outstanding when the charging order is made.

JACUSTOMER-2fnw8ast- :

thanks again and goodnight

tdlawyer :

Thank you too. Can I just ask, as we're always looking for feedback on how to improve, whether you're happy with the service tonight?

JACUSTOMER-2fnw8ast- :

Very happy

tdlawyer :

Thank you very much.

tdlawyer :

Goodnight.

JACUSTOMER-2fnw8ast- :

bye

tdlawyer :

Thanks.

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