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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33318
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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All, I've read through some threads, and can't see this

Customer Question

Hi all, I've read through some threads, and can't see this being addressed previously, but I'm sorry if it has and I've missed it. My query seems to span both property and divorce law.
Although my house was bought in may sole name before I met my ex, and although it remains in my sole name and he never lived there, he registered a marital rights order on it. I foolishly didn't do the same against his property.
However, because he didn't want to disclose his true assets on his Form E, he withdrew his claim for financial provision, pension sharing and property adjustment orders, and I have the judgement to that effect. However, on the property register, he's still listed as having marital rights to the property. Please excuse my ignorance, but are these two separate things? If so, how do I apply to remove the marital rights notice?
I was severely ill during the divorce with a brain tumour and he (not unexpectedly) took advantage of my inability to function, plus as his assets were held under a proceeds of crime order and the court had primacy, so I had to with holdmy claim for financial provision. I was was told I could do that after the divorce had finalised, and it now has. Is there a time limit to make a claim? To be honest, I'm not too bothered about asking for anything, and it's like prodding a rattlesnake every time I revisit this, but I could perhaps use it as some leverage towards getting the marital rights notice removed if I need his acceptance.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
When was the Decree Absolute - and for clarity - do you mean that there is a financial order dismissing all claims that you have against each other?
Clare
Customer: replied 1 year ago.

Hi Clare,

Thank you for your message. The decree Absolute was dated 13th March 2012. There is a General Form of Order dated 16th March 2012 where it was ordered that the Applicant's (My Ex-Husband) claims for financial provision, pension sharing and property adjustment Orders be dismissed. I have not yet made a claim against him as all his assets were held under primacy by the police, and until the court case against him concluded, there was no way of sorting this out. As I was the main police witness against him, the divorce (that was running at the same time of the case) was nasty to say the least, and he dropped his initial claim for ancillary relief against me because he didn't want to submit his form E to expose his true assets.

Customer: replied 1 year ago.

Hi Clare,



Thank you for your message. The decree Absolute was dated 13th March 2012. There is a General Form of Order dated 16th March 2012 where it was ordered that the Applicant's (My Ex-Husband) claims for financial provision, pension sharing and property adjustment Orders be dismissed. I have not yet made a claim against him as all his assets were held under primacy by the police, and until the court case against him concluded, there was no way of sorting this out. As I was the main police witness against him, the divorce (that was running at the same time of the case) was nasty to say the least, and he dropped his initial claim for ancillary relief against me because he didn't want to submit his form E to expose his true assets.

Customer: replied 1 year ago.

Hi Clare,



Thank you for your message. The decree Absolute was dated 13th March 2012. There is a General Form of Order dated 16th March 2012 where it was ordered that the Applicant's (My Ex-Husband) claims for financial provision, pension sharing and property adjustment Orders be dismissed. I have not yet made a claim against him as all his assets were held under primacy by the police, and until the court case against him concluded, there was no way of sorting this out. As I was the main police witness against him, the divorce (that was running at the same time of the case) was nasty to say the least, and he dropped his initial claim for ancillary relief against me because he didn't want to submit his form E to expose his true assets.

I apologise. I did reply to your request for further information, but I think I responded generally rather than using the direct reply option.

Customer: replied 1 year ago.
Relist: No answer yet.
Customer: replied 1 year ago.

I'm really disappointed not to have heard anything back from you. I posted the info you requested (I even did it twice, assuming that I had replied using the wrong link, but I now see that I did it right). Can you please respond, if not I will have no option to request a refund.

Customer: replied 1 year ago.
Relist: Incomplete answer.
Expert:  Clare replied 1 year ago.
Hi
My apologies.
Your question did not show up on my list - and I have been unwell.
The good news is that in fact you can simply send copies of the Decree Absolute and the Court Order to the Land Registry and the Restriction will be lifted.
The form you need is here
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/352452/HR4.pdf
Please ask if you need further details
Clare

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