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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a question regarding Home Right and Right over other

Customer Question

Hi, I have a question regarding Home Right and Right over other properties that are on each of the partner's sole name. Do you have someone available who could answer my question?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Question: My wife and I agreed from day1 that any properties owned prior to marriage remains in either parties sole name. we now reached a breaking point and she has already entered her Home Right on the main property that contains 5 self contained flats with a single deed (we are living in one of the flats). She also has a number of other properties that I bought in her sole name. I would like to know how can I enter charge over her sole properties before she dispose them to her mom's name?
Customer: replied 1 year ago.
I understood that someone is available now to answer my above question?
Customer: replied 1 year ago.
The main property is in my sole name and I owned it prior to our marriage.
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are you both?
-How long have you been married?
-Do you have any children together, if so their ages and proposed arrangements?
-Please list assets and pensions you both have (both sole and joint), together with values and respective mortgages/loans?
-What are your respective incomes?

-Was there a pre-nuptial agreement signed and witnessed prior to the marriage?

Customer: replied 1 year ago.
We are 55 and 45 years, married for 18 years with one child of 17. She has not initiated a divorce proceedings yet but entered a HR1. At this stage I was looking for your answer to my question? The same way that she has the right to enter a Home Right, HR1, on my solely owned property (in all building of 5 flats as it has one deed), what mechanism can I use to enter similar charges on her solely owned properties before she dispose them? i.e. SEV, RX1, ???
Customer: replied 1 year ago.
No pre-nuptial agreement, just verbal to keep the main property in my sole name as I owned it prior to marriage.
Customer: replied 1 year ago.
If this is not interactive question and answer session, I would not be interested and I would like to cancel, get a refund, and go elsewhere.
Expert:  Harris replied 1 year ago.

Thank you for confirming. In England and Wales, ring-fencing assets - especially when it is a long marriage and there are children is extremely difficult even with a pre-nuptial agreement and if divorce proceedings are commenced then all assets will need to be disclosed and negotiations or a court application pursued to settle these.

In relation to the HR1 this can only be used if the property is the former matrimonial home. In the case of other properties which are not the matrimonial home but which parties have an interest in, a caution can be registered using form UN1 for a unilateral notice but you should be aware that as you are married you do not need any registrations on title to consider properties as part of a settlement.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Customer: replied 1 year ago.
I am afraid, I already knew about all the land registry forms SEV, RX1, UN1, etc. and I did get the answer to my question. The whole set up of dose not work for me as I was hoping to have a direct interactive session to hear the answer to my questions. You have now replied with a wage answer that I do not fully understand, and asking for more money before answering any further questions... This is not what I expected and I would like a full refund to go elsewhere.