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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Can I get a Home Rights Notice cancelled if I show that I owned

Resolved Question:

Can I get a Home Rights Notice cancelled if I show that I owned the property mortgage-free before I met my soon to be ex-husband?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
No i am afraid not.
The Order can only be cancelled when the Decree Absolute is granted - or there is a Financial Order made within the divorce proceedings confirming that your ex has no interest in the Matrimonial home
I am sorry
Clare
Customer: replied 2 years ago.
I am expecting the Decree Absolute next week and I do not believe he has applied for a financial order, just served the Land Registry notice. If this is the case, will the Land Registry cancel the HRN when I send them a copy of the DA?
Expert:  Clare replied 2 years ago.
Hi
Yes unless your ex obtains a Court Order extending the Restriction.
However be aware lifting the restriction does not mean that he no longer has a claim on the property
Clare
Customer: replied 2 years ago.
So how does that work then? Does he have an indefinate claim on the property?
Expert:  Clare replied 2 years ago.
Hi
Unless and until there us a final financial order within the Divorce proceedings, or he remarries
Clare
Customer: replied 2 years ago.
But if the Decree Absolute comes through without mention of a financial order what then? Surely he would have needed to make any claim in the 6 weeks between the Decree Nisi and the Absolute?
Expert:  Clare replied 2 years ago.
Hi
No I am afraid not - his potential claims remain unless he remarries
Clare
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