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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9879
Experience:  I have been practising for 30 years.
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I bought a house about 14 yrs ago. My husband & I lived

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I bought a house about 14 yrs ago. My husband & I lived elsewhere in a property in joint names. I rented my house out but now live in it myself. My husband & I have been apart 5 yrs. When we separated he went to a solicitor & claimed my house was half his. He claimed it was originally in both our names & that I changed that to mine only. The solicitor believed him, without checking anything or contacting me & proceeded to put a charge on my house! I now need to sell my house & need the charge removed but I feel I am owed compensation from the solicitor who I feel has acted unlawfully & the situation could destroy me financially. Thank you. Rona.
Submitted: 24 days ago.
Category: Law
Expert:  F E Smith replied 24 days ago.

Hello for clarification - were you together when you bought the property?

Customer: replied 24 days ago.
Customer: replied 24 days ago.
Will stick with text.
Expert:  F E Smith replied 24 days ago.

The offer of a telephone call comes out automatically. You can just ignore it or request one later.

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?

Customer: replied 24 days ago.
We did both live in it initially. For about 2 yrs. This because we sold the family house to pay off my husbands debts. It was a charge. Officially put on by Land Registry.
Expert:  F E Smith replied 24 days ago.

Thank you.

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?

Customer: replied 24 days ago.
I'm looking at doc I found & Restriction is mentioned in one paragraph & C. Charges register mentioned. Under this though is only info of previous owners. I've found a letter from my husbands solicitor saying he is applying for Matrimonial Home Rights & confirms that's now done. So maybe that's better. No money at all after sale of family house. Went on debts. We are not divorced. I wouldn't go that route & he didn't pursue it.
Customer: replied 24 days ago.
Just noticed on back of letter that it states my husband has home rights.
Customer: replied 24 days ago.
Section C. Notice of home rights under family law act 1996 in favour of (my husbands name) of (his address) the spouse of Rona...
Customer: replied 24 days ago.
Can you confirm please that it seems that it is not a Charge but a notice of Matrimonial Home Rights.
Expert:  F E Smith replied 24 days ago.

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.

Customer: replied 24 days ago.
Thank you. Good to know where I stand.
Expert:  F E Smith replied 24 days ago.

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.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

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