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Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33522
Experience:  family solictor with 25 years experience
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how can i remove a b94-1 home rights notice The property

Resolved Question:

how can i remove a b94-1 home rights notice? The property has always been in my sole name. I bought the house in 1998. My husband left me in jan 2005. My late father paid off the mortgage in 2001. Now that i am selling the property i have recieved a letter from the land registry informing me of my husbands application. Also since he left there has been no contact from him, he has maintained no responsibility towards myself or our 2 children. We are not registered as a married couple in the UK. Thanks, XXXXXCustomer
Submitted: 8 years ago.
Category: UK Law
Expert:  Clare replied 8 years ago.

Hi

When did he register the notice, and are there any solicitors details on it? Have you started divorce proceedings yet?

Claire

 

Customer: replied 8 years ago.

thankyou for the reply, divorce proceedings have not commenced at the present moment. However the notice ws registered on 28th nov 08 and the details of the solicitors are Heaven and Co of Kavanagh House :XXXXXSouth Bham B14 6DT. The ref Number is XXXXX Look forward to your reply .

many trhanks

Expert:  Clare replied 8 years ago.

Hi

You cannot remove it unless the solicitors agree because financial matters have been sorted or you have a Decree Absolute of Divorce

Since you need to house the children I would expect the Court to allow you to sell the house and use all the money to purchase another property but I suggest you see a local family law specialist as soon as possible to get that sorted.

Claire

Customer: replied 8 years ago.
As mentioned before that the marriage took place abroad, so do i still require Decree Absolute of divorce? thanks.
Customer: replied 8 years ago.

Hi Claire,

 

I did mention previously that our marriage has not been registered in the UK so, will I still be needing Decree Absolute of Divorce to allow me to remove this notice?

Expert:  Clare replied 8 years ago.

Hi

Yes if you were legally married abroad you must go through divorce proceedings and obtain a decree absolute.

Claire

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