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Solicitors Protecting Matrimonial Property Rights -  by Ford Banks Irwin Solicitors - The Property Lawyers in Manchester

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

Continued from page 1 (click here).

Matrimonial Property Rights in Registered Property

All clients that need help and assistance should speak to a Solicitor or Lawyer as soon as possible.  

What to do when the Court has made a Continuation Order:
Your rights normally last only as long as the marriage or civil partnership. They will be brought to an end by the death of either you or your spouse or civil partner, or in the event of a divorce, annulment or dissolution. In the case of a dispute or estrangement, however, the Court may make an Order that your rights are to continue even through your marriage or civil partnership has come to an end.

If the Court makes such an Order and your rights have not already been protected by registration (either in Land Registry or at the Land Charges Department), you should apply as soon as possible for protection. To do this your Solicitor will submit the correct form to the Land Registry. You must give details of the Court Order on the application form.

If your rights have already been protected by registration before the Court makes an Order, your Solicitor will apply to renew the earlier registration so that the Court Order can be officially recorded.

Keeping your name and address up to date:
Once an entry has been made on the register, the Land Registry will use the name and address shown on the register when they need to contact you.  It is important that you receive and respond to Land Registry communications promptly; your rights could be affected if you do not. Many clients prefer to use the Solicitors address and reference in the interest of confidentiality and certainty.  If your details change you should write to the Land Registry office serving the area in which the Property is situated and ask for the register to be altered. Proof of any change of name (for example, a deed poll) should be supplied.

Cancelling the registration when your rights have been brought
to an end:
Your rights may be brought to an end in any of the following ways:
*by the death of you or your spouse or partner
*upon divorce or the annulment of the marriage, or dissolution of nullity of the civil partnership
*by an Order of the Court
*when you voluntarily release your rights in writing

When one of these things happens, your Solicitor should make an application to cancel he entry protecting your rights. When your Solicitor submits the application, you must also supply evidence proving the relevant facts, for example, the death certificate of your spouse or civil partner.  If an Order of the Court has been made, proof will be needed that the Order has ceased to have effect before the registration can be cancelled.

In the case of an unregistered Property the Solicitors should apply to cancel the existing class F Land Charge.

In the case of a registered house, your Solicitor apply to cancel a notice entered at Land Registry in writing or by completing the appropriate form.  Your Solicitor will need to enclose evidence of the matters listed at the beginning of this section.  If your rights were protected by a caution, your Solicitor can cancel it by writing to the Land Registry sending the evidence. Your Solicitor can also apply to withdraw such a caution by sending in the Withdrawal of Caution Form.

Only one protection is allowed at any one time:
You are only allowed to protect your rights for one house at a time - the house you occupy or wish to occupy - in either Land Registry or the Land Charges Department.  If there are two homes and you live in one and have protected your rights to it, but now wish to move them to the other home, your Solicitor will have to make a fresh application.  In the application the Solicitor will need to disclose whether or not there has been any previous protection and, if so, to give details of it so that it may be cancelled.

Bankrupt's rights:
In certain circumstances a spouse or civil partner who:
*is made bankrupt, and
*who has custody of minor children, and
*is entitled to occupy the house
may be able to register a notice under the Family Law Act 1996 when his or her estate or interest has bested in their Trustee in Bankruptcy.  

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

For any further information please contact Ford Banks Irwin Solicitors.


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