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Hello for clarification - were you together when you bought the property?
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Just clarify a few things for me:
was this ever the marital home and did you and your husband ever living it as the marital home?
Please confirm that a charge on the property and not a restriction.
If it is a charge, please confirm that the matter went to court.
You say that you lived elsewhere in the property in joint names, how many houses were there and what happened to all the financial matters of the breakup of the marriage?
He cannot put a charge against the property either unless you consent or he has been to court and firstly got a judgement against you and then made a further application to court for what is called the charging order against the property.
A Matrimonial Home Right notice restriction can be put against the property if it was at some stage the marital home (which it was) and there is nothing you can do about that. It doesn’t necessarily mean that he has a 50% interest in the property, or indeed, anything at all, it just proves that he may have had an interest which is obviously then subject to any ancillary proceedings (division of finances) in respect of the divorce.
There are 3 sections in the Official Copies of Title Register from the land registry under restriction is in section B, and a Charge in section C.
Are you able to let me have the exact wording of this charge entry please?
what happened to all the financial matters of the breakup of the marriage?
Thank you. It isn’t a charge. It’s a matrimonial home right notice. That’s what I thought it was. Your husband is entitled to do that if it was the matrimonial home at any stage. It doesn’t necessarily mean that he has any interest in the property, it just gives notice that there may be an interest in the property and will compel you to settle the financial issues surrounding the property and the breakup in general.
I am glad to help.
.Can I clarify anything else for you? I’m happy to answer any specific points arising from this.
I’m happy to answer any specific points arising from this.
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