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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10635
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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If a property has a notice of home rights on it does it restrict

Resolved Question:

Vacant property has notice of Home Rights registered on it does it restrict the owner from renting the property

Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hi there,

Thanks for your enquiry.

The Home Rights notice is registered in order to stop you from selling the property, without obtaining your spouse's consent and for the purpose of notifying any third party who is interested in the property that your spouse has a legal right to live there.

Therefore, you are entitled to rent out the property BUT if your spouse decides that they wish to move into the property, they have a legal right to do so. Whether your spouse may intend living back in the property is something for you to consider, but this is the danger of renting it out.

I hope this answers your question, and assists you.

Kind Regards
AL
Customer: replied 3 years ago.

For Aston Lawyer


 


 

Customer: replied 3 years ago.

For Aston Lawyer spouse has moved out 23/12/2013 after private agreement where I provided a £8K deposit on new home for her and my child. No equity in house to be rented. Agreement was that restriction was removed. Cannot see that Spouse would want to uproot our child to move back in. What would your view be

Expert:  Aston Lawyer replied 3 years ago.

Hi again,

Thanks for your reply.

Provided her purchase has or is going ahead, I don't think you have anything to worry about, as she would have no reason to move back in.

I hope this helps.

Kind Regards
AL

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