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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My parents divorced in 1987 and my father is considering moving

Resolved Question:

My parents divorced in 1987 and my father is considering moving home. When he reviewed the house deeds last week there was a court order on them from my mother which was taken out during the time of the divorce. He has not had this lifted.

What does he need to do to get this resolved? He is still on good terms with my mother.

There was a full and final settlement which did not include the property. I don't know if this is relevant but he does not believe a decree absolute was ever filed from the divorce although he knows there was a decree nisi. However his solicitor paid my mother the settlement sum which I believe would mean there was a decree absolute filed. Not sure if this would have a bearing on the court order.

He has asked me to help him resolve this.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What type of Order/restriction is it?
Clare
Customer: replied 3 years ago.


I will need to find out and get back to you.

Expert:  Clare replied 3 years ago.
Hi
That is fine - just reply when you can
Clare
Customer: replied 3 years ago.


Clare


 


The deeds are lost and he needs to get a copy. However my dad received a notice of rights of occupation under the Matrimonial Houses Act 1967 and it states. In favour of Mrs xxx of xxxxx wife of xxxxx registered on 31st March 1987. Given what I mentioned before he does not believe my mum registered for the degree absolute and so I am not sure what this means. If it was lifted due to her receiving a full and final settlement from the divorce in 1987 or whether he needs to do something for it to be removed. Thanks Sharon


Expert:  Clare replied 3 years ago.
Hi
You can check whether or not there is a Decree Absolute using the Process here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d440-eng.pdf
If it has been made then you need to obtain a copy and send it to the Land Registry
If it has not been made your father needs to apply for it and then send it to the Land Registry!
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.
Thank you how does he apply for the decree absolute?
Expert:  Clare replied 3 years ago.
Hi
That is done using this form
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d036-eng.pdf
The fee will be £90 and he will need to file a Statement setting out that there has been no reconciliation or any further children born since the decree nisi
Clare
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