Ask a Law Question, Get an Answer ASAP!
Hello, how are you today?
Thank you for requesting my assistance again. I am going to see if I can assist with your query. I may need to ask you additional questions and it is important for you to answer all the questions clearly, so that I have the information I need to give you an accurate response for your specific legal situation. JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today.
The site will offer a phone call, this is automated and it is important for you to know that I do not make calls. I will answer your query online.
Please confirm that you have read and understood this message and then we can begin.
Can you tell me what the charge actually says - is it a restriction, or an actual charge for a debt?
When were you officially divorced?
The charge you refer to above was made whilst you were still married, and extends your then wife's home rights beyond the divorce (home rights normally end on divorce). If you are now officially divorced, and settlement has been made (I know it has not been as that was your previous question), then the court order would have referred to the removal of the s33(5) order, and you would have been able to apply to the Land Registry on form HR4 to have it removed (providing them with the court order that states as much).
As the charge remains in place, I can only presume that no such order was made, or if it was, you have not acted on it. I suspect it was not, as payment of the divorce settlement has not yet been made.
I would, however, suggest that you take all the court orders, the charges and any other related documentation you have to a local solicitor so that they can read through all the relevant documents and let you know whether there was in fact an order which would allow you to remove the charge.
If you think it has been left there erroneously, you can of course make an application to the Land Registry to request its removal. They will want evidence.
Application form is here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/713402/HR4__2018-05-25_.pdf
You're very welcome, I am glad I was able to assist you.
If you have new questions and wish to ask for my assistance, you can do so by putting FORCustomerONLY in the subject heading of a new thread. Alternatively, once you have rated this question, you will get the option to add me as a favourite expert from your membership page. Then, when you wish to ask me another query, you can simply type “@“ followed by my name in your next chat, e.g. @SASH_Law.
Please note that there is no need to respond to this message.
Thanks for using JA! All the best!