Home Rights Notice
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.
Home rights notice. B has registered a home rights notice at the land registry to protect her interest in the property. Registration hr1 application form hr1 for registration of a notice of home rights. Register a home rights notice if your marriage is breaking down and your spouse owns the property in their sole name you should register a home rights notice at the land registry and it is advisable to seek legal advice at an early stage to ensure that your interests are properly protected.
Vahid salemi ap show more show less 3 of 3 file in this june 9 2008 file photo iranian narges mohammadi delegate of the center for human rights defenders listens to a question during a press. Notice of home rights. A matrimonial home rights notice should not be used for financial gain or to intentionally frustrate the sale process.
The charging order was registered first and the home rights notice second. If the notice has been registered for financial purposes as opposed to protecting a right to occupy then a court order can be sought to remove that person s home rights from the property and the notice can then be lawfully removed. The civil procedure rules 55 10 require notice of any possession proceedings to be served on the person with the benefit of a home rights notice within five days of the claimant receiving notice of the hearing date.
Z has secured an order for sale of the property and applied to the court for an order for possession. What is the effect of the home rights notice.