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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10457
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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This is question regarding the conveyance of a property on

Resolved Question:

This is question regarding the conveyance of a property on sale.
I am selling a house which I wholly own. I am divorced and as part of the divorce process a charge was put on the property under Notice Of Home Rights/Family Law Act 1996, preventing me from selling the property.
I have a buyer now and I need to get the Notice removed as the property was given to me by the Court as part of the final divorce settlement.
My conveyencing lawyer say that I must get my ex-wife to agree to the removal of the Notice. It was my understanding that sight of the final divorce Court settlement documentation should enable my lawyer to apply to The Land Registry to get it removed without her consent. I need to know if I am correct and, if so, where to point my Lawyer so she may satisfy herself that I am and then get on with it.
The reason this is important is that my divorce is acrimonious and my ex-wife will string along signing any documentation for as long as she can because she knows that I desperately need to sell and a delay will perhaps cause my buyer to withdraw.
Regards
Russell Cookson
Submitted: 9 months ago.
Category: Law
Expert:  Aston Lawyer replied 9 months ago.

Hi,

You are indeed correct- the Land Registry will automatically remove the Notice, if your Solicitor submits the appropriate application form and copy of the decree absolute.

If you google " Land Registry removal Homes Rights", you should be able to find the appropriate Land Registry Practice guide and form HR4, which is the application Form.

I hope this assists and answers your question. If so, I would be grateful if you could rate my answer.

Kind Regards

Al

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