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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34491
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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There was a home right on the property. Other party did not

Customer Question

There was a home right on the property. Other party did not what to settle the finances as she has stated that she owed nothing. The home right was put on the property to protect interest for all the money paid towards the mortgage and also major renovations. The absolute has now come through and the other party has dis instructed her solicitor. She has now removed the home right and stated that no monies that will be paid. What can i do to get my money that is owed? What should be done legal as my next step.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** do my best to help youHow long were you living together and why have you not issues the Financial Applictaion within the Divorce Proceedings?Clare
Customer: replied 2 years ago.

Hi Clare,

Living together for 4 years. Just under 2 years married.

Did not realise that the finances had to be settled in a certain time. What can i do now? Can i go to the courts? What should i do now? The Absolute came through 2 weeks ago.

Expert:  Clare replied 2 years ago.
Have you had any legal advice at all?
Customer: replied 2 years ago.

No

Expert:  Clare replied 2 years ago.
Have you tried Family mediation
Customer: replied 2 years ago.

No as she has an order against me. We had no kids either

Expert:  Clare replied 2 years ago.
YOU need to make an immediate application to the Court for a Financial orderThe form you need is herehttp://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdfThe fee is £245 This will lock you into a financial process which will allow the court to decide what the financial split should be if no agreement can be reachedYou can also ask for an Order re-instating the Homes Right NoticeI hope that this is of assistance please ask if you need further detailsClare
Customer: replied 2 years ago.

How do i go about asking for an order to re-instate the Homes Right Notice? Is there a form, do i write to the court where the divorce was being held, do i need to contact Land Reg?

I shall complete the above form and send it for this week.

Also on the form which you attached as she was the applicant in the petition is she the applicant on Form A or as i am filling it am i?

Also am i asking for a lump sum order, a property adjustment order or both. I would rather that she just pays me the 40,000 that is mine.

Thanks

Expert:  Clare replied 2 years ago.
Hi
You are the applicant - and you tick all the boxes - the Court will decide if you are entitled to more.
Once the application is in you can use a D11 to make the application for the Land Registry Order
Clare
Customer: replied 2 years ago.

Thank you. Also can you confirm about which box i need to tick re the Nature of the Application section on page 1.

Expert:  Clare replied 2 years ago.
Hi
Top box of the three - then all of the cluster apart from the first one
Clare