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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 4684
Experience:  LLB (Hons)
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If my mum owns a property and her husband moves out to

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If my mum owns a property and her husband moves out to another property that he owns is he entitled to stop her selling her house?
JA: What steps have been taken? Have any papers been filed in family court?
Customer: No
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: Redcar and Cleveland
JA: Anything else you want the Lawyer to know before I connect you?
Customer: He contributed financially to the deposit of the property she owns And it was the marital home

Hi, I'm Lea and I have reviewed your query.

Was there a deed of trust?

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 1 year ago.
No, nothing registered on land registry. And he signed disclaimer when gifting deposit to say he had no claim on the property

Even with the disclaimer, he is entitled, as it was the marital home, to register a home rights notice with the Land Registry. If he does so, your mother will not be able to sell and access the proceeds without him being informed - and the money will be held in her solicitor's client account until they decide on a split or a court makes a financial settlement during divorce proceedings.

Customer: replied 1 year ago.
As he has alternative property that he owns and now resides in, if he registers a home rights notice, I appreciate he will be notified of the sale but could the sale still complete? On the understanding that the solicitor holds the funds until the divorce is finalised? And what would he do to stop the sale proceeding?

A HRN can restrict the sale as it acts as a charge on the property - and the mortgage company are informed of it. Therefore, as I said above, if the sale goes through then she won't be able to access the funds.

He needs to apply for the HRN - and can do so on form HRN1.

The court will only become involved in the sale of the property on application by either party for a financial settlement during divorce.

Divorce ends the home rights notice.

Customer: replied 1 year ago.
if he doesn't apply for the HRN?

Then it doesn't exist.

Customer: replied 1 year ago.
therefore she could sell, and he couldn't stop her? Or claim the proceeds?

Well, it means she can sell and will get the proceeds. Whether he has a claim on her in their divorce is a separate issue.

Customer: replied 1 year ago.
I understand. Thank you. That's really helpful ��

You're very welcome.

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