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SS Legal Advisor
SS Legal Advisor, Lawyer
Category: Family Law
Satisfied Customers: 1046
Experience:  Senior Caseworker at DL Solicitors
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This is about HM Land Registry my ex-partner has registered

Customer Question

good morning
this is about HM Land Registry
my ex-partner has registered her home rights in former family home
it looks she started living elsewhere, she moved some of the house contents, but did not say anything
she her her room locked (well I do not check)decree absolute was declared in May 2020, but we have ongoing financial remedy
I am sole proprietor and solely take and pay mortgageCan I apply and cancel her Home rights?
there in form HR4 cancellation of home rights notice is a panel Release home rights, which is for beneficiary to signex-partner has a rental apartment but has not fully moved out yetthank you
Submitted: 5 days ago.
Category: Family Law
Expert:  SS Legal Advisor replied 5 days ago.
I am an experienced legal advisor and I am happy to answer your question.It is likely that she was advised to register her home rights as part of the financial proceedings.The HR4 requires her to cancel her home rights. In reality this should be dealt with in the financial proceedings.What point in the financial proceedings are you at?Kind regards
Customer: replied 5 days ago.
we are waiting for final hearing, on 29/07/2021
I understood that hte form has to be filed by her, but on other side home rights end on decree absolute
my solicitor was advising me to cancel home rightmy view was if there is unfinished financial element of the divorce, that is not clear, as she has to have a share in settleementyes I see financial proceeding will sort it out, but there are still 7 weeks to waitand she was doing strange things, inviting her mother to stay in the house I am legal owner but she ignored my consentthanks
Expert:  SS Legal Advisor replied 5 days ago.
That is very odd behaviour.If she allows for her home rights to be removed that's a different case.My concern would be coming under additional scrutiny at the final hearing for acting prematurely. If the situation is become untenable an interim order could be requested to remove her home rights sooner than the final hearing but in reality by the time that is done there will only be 5 weeks left.Kind regards
Expert:  SS Legal Advisor replied 4 days ago.
Please do get in touch if you have any further questions.Kind regards