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plclegal, Barrister
Category: Law
Satisfied Customers: 8297
Experience:  Barrister at law
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Do I have to be separated or divorced to register my home

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do I have to be separated or divorced to register my home rights?
JA: What steps have you taken? Have you filed any papers 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 do you live in?
Customer: home rights
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Hi,
JA: Hello. How can I help?
Customer: My mother-in-law lives with us. I am not happy about her presence in our life because i have got no privacy. i suffer from anxiety and my son has got autism i don't like that she can hear whatever we say i feel very frustrated and sad and my mental health is deteriorating. The home is under my husband's name and i don't know what to. she has got the ability to rent but they refuse to rent. we've been living together for about 3 years and i am very tired of that . i always feel there is someone listening to what we say to each other. Can i ask him by law to rent for his mother an apartment thats near us so he can also do his mothers shopping ( to offer help to her) . i really can't take it anymore . i am very unhappy . any suggestions ?

Good afternoon.

My name is ***** ***** I specialise in family law. I’m happy to assist you today and I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

I'll do my best to resolve this for you, please give me time to review your question and I will revert back to you shortly.

Customer: replied 9 days ago.
Okay .. i am waiting for your answer

Firstly, you don't need to separate or move out to register your home rights, the notice simply records your interest in the property on the property charges register.

You fill in the HR1 form to do this:

There's no fee for the application.

If you don't do this before you divorce, your home rights expire on the pronouncement of the decree absolute. If you divorce without resolving the house/ property issues, the judge can extend home rights until you have done so past the date of the decree absolute, but they need to be registered in the first place.

Secondly, as to whether you have a legal right to ask his mother to leave, I'm afraid this is more tricky. He (and you for that matter) can have in the house any guests or family that you wish.

The only way to legally exclude them would be by way of a non-molestation order for example if they were causing harassment, alarm and distress. But it seems that this is not as serious as that - in that your mother in law couldn't be said to be harassing you to a level where she could face prosecution. So a non-molestation order is not in my view appropriate.

You are entitled to privacy in your home, and you are entitled to ask that she move out. If he refuses, then it's a choice you have to make as to whether you are able to continue living with him like this.

I hope that this answers your questions?

plclegal and other Law Specialists are ready to help you
Customer: replied 9 days ago.
it did. Thanks

My pleasure.

If you do have further questions, don't hesitate to come back to us here at JustAnswer.

Kind regards, Peter