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Senior Partner
Senior Partner, Solicitor
Category: UK Family Law
Satisfied Customers: 13323
Experience:  solicitor admitted for more than 30 years
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Can I register a caution against my husbands new property

Resolved Question:

Can I register a caution against my husband's new property even though it is not the matrimonial home
Submitted: 5 years ago.
Category: UK Family Law
Expert:  Senior Partner replied 5 years ago.
Thank you for your question. The short answer is yes - although "cautions" have been replaced with "notices" and "restrictions". By registering a notice you are making any potential purchaser aware of you interest in the land -and this notice does not necessarily mean that you have an actual interest in your husbands property but simply that you claim one. You can apply to have an agreed notice placed on the register with your husbands consent - depending on the reasons behind your desire to place the notice on the register or a unilateral notice - you apply without your husbands agreement. If you apply to have a unilateral notice placed on the register your husband can object and you would have to prove that you have whatever interest that you claim to have in the property. A restriction on the register would prevent the sale of the property by your husband. A restriction can be placed on the proprietorship or charges register at the discretion of the Land Registry and you would have to provide supporting evidence of your interest int he property or the reason why a sale should be prevented. If you wish to enter a notice or restriction on the property I would suggest that you speak with your local CAB or free legal advice centre so that you can fully explain your reasons for wanting the notice / restriction and they can help you with the necessary forms.
Customer: replied 5 years ago.
The matrimonial home is in my sole name (and sole mortgage) although it was originally jointly owned. As part of the matrimonal ancillary relief process his new property is a matrimonial asset (and he seems to have a charge over my property). What form do I use ie. is it a home rights applicaiton (HR1?) or is it a restriction (RX1) I seem to need specific wording - what is that?
Expert:  Senior Partner replied 5 years ago.
The type of notice or restriction that you would file depends on where you are in the divorce process. If you are divorced then the HR1 does not apply and you would need to register a restriction. Without understanding the basis of your claim and without being able to review your paperwork online it is difficult for me to advise you, particularly with regard to the form of words to be used on the forms. If you are represented in the divorce proceedings then your solicitor should be filing in the relevant forms and advising you on these points. I would not suggest that you fill in these forms without someone reviewing the full scope of your claim and as I said above I would suggest that you see your local CAB or free legal advice centre if you are not represented. .
Customer: replied 5 years ago.
We are not divorced and are trying to mediate the finances. I am not represented and therefore am asking this question of you because you are a family lawyer. I want to register a notice/restriction preventing my husband from selling or remortgaging his new property which, as we are still married it is in effect a matrimonial asset (until we divorce). It was purchased with funds earned throughout the marriage.
Expert:  Senior Partner replied 5 years ago.
Im sorry to hear that you are not represented as this is quite complex. Essentially it is debatable whether you have a right to register a restriction in the absence of a court order or his agreement. If you want to try you can use form LX1 and claim an equitable interest because the property was acquired using matrimonial funds. You need to fill in section 12 explaining that the property was acquired using joint matrimonial funds.

If your husband objects it is quite possible that the registrar will not maintain the restriction. If you issue proceedings for financial settlement in the divorce then you may be able to get an order allowing you to put a restriction on the property pending the outcome.
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