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Please telephone 0161 866 8999 for additional information

Manchester Conveyancing Solicitors Property Lawyers | Ford Banks Irwin Solicitors in Manchester on Fees for Buying / Selling a House / Flat / Apartment. 

 
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY

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Solicitors Fees for Buying / Selling a House / Apartment / Flat
 
Applications under the Family Law Act 1996

The main purpose of the Family Law Act 1996 is to protect the right of a spouse or civil partner to occupy the home. This right is not an overriding interest but constitutes a charge on a home that can be protected in the Property Deeds by an agreed notice (rule 82 Land Registration Rules 2003). Prior to 14 February 1983, such a charge could also be protected in the Property Deeds by a caution. The charge arises on whichever is the latest of:
- the date when the other spouse or other civil partner acquires the home
- the date of the marriage or civil partnership
- 1st January 1968

although it is not anticipated that protection for it will be sought until the marriage or civil partnership appears to be in jeopardy.

In this section spouse or civil partner means the applicant whose rights of occupation in the dwelling house constituting the home are in need of protection or renewal. The other spouse or other civil partner is the owner of the home.

No protection under the Family Law Act 1996 is required in cases where the home is held jointly, both legally and beneficially, by the spouse or civil partner and the other spouse or other civil partner.

If the spouse or civil partner has home rights in relation to the other spouse's or civil partner's interest under a trust, notice of the charge can only be registered if there are no persons, living or unborn, who are or could become beneficiaries under the trust (sections 31(4) and (5) and (13) Family Law Act 1996). This means that if the Property is held on trust, Land Registry will need to be satisfied that no one other than either spouse or civil partner has an interest in the trust.


Is the Property or Interest in the home registered?

It is essential to know whether the other spouse's or other civil partner's Property or interest in the home is held under a registered or an unregistered title.

If it is held under an unregistered title, application by the Property Solicitors and Conveyancing Lawyers should be made to the Land Charges Department for the registration of a class F land charge.

If it is held under a registered title, the registration of a class F land charge is ineffective to protect the spouse's or civil partner's rights of occupation. An application by Property Solicitors and Conveyancing Lawyers to register a notice should be made.

If it is not known whether the other spouse's or civil partner's Property or interest in the home is registered, an application for an official search of the index map should be made by the Property Solicitors and Conveyancing Lawyers to the appropriate Land Registry office using form SIM.

When a search of the index map is made in connection with an application under the Family Law Act 1996, it is important that the following note is written across the top of the form SIM:
'This search is being made solely for the purposes of the Family Law Act 1996 as amended by the Civil Partnership Act 2004'.

This will enable Land Registry to:
- avoid raising any points as to the precise boundaries of the Property that might otherwise arise;
- supply particulars of any Lease.

The official certificate of the result of the search will be issued by Land Registry within a day or two of the application being received and will reveal any registered Properties or interest(s) in the home.


Application Forms:

The following application forms used by Property Solicitors and Conveyancing Lawyers are prescribed by the Land Registry Rules 2003.
- Form HR1.  Application for registration of a notice of home rights (section 82 Land Registration Rules 2003).
- Form HR2. Application for renewal of registration in respect of home rights.
- Form HR3. Application by Mortgagee for official search in respect of home rights (section 158 Land Registration Rules 2003).
- Form HR4. Application to cancel a home rights notice. 

 

(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

. . . continued on page 2 (Manchester Conveyancing Solicitors Property Lawyers on Fees for Buying Selling an Apartment / Flat / House 2)

Please telephone Paul on 0161 866 8999 if you require any further information.

                       
    

Contact Us

Ford Banks Irwin Solicitors
50 Stothard Road
Stretford
Manchester
M32 9HB


Tel: 0161 866 8999
Fax: 0161 866 8333
E-mail: info@FordBanksIrwinSolicitors.co.uk

Or you can use the ENQUIRY FORM (click here).

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Manchester City Centre Serviced Office - Conference rooms are also available by prior appointment at:
Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors 
Pall Mall Court 
King Street
Manchester
M2 4PD

Tel: 0161 866 8574

 

Please telephone 0161 866 8999 for a free quote. 

   
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