Ask a Family Law Question, Get an Answer ASAP!
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.
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.
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.
Then it doesn't exist.
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.
You're very welcome.