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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 1734
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I have a question regarding a notice of home rights

Customer Question

Hi. I have a question regarding a notice of home rights
Submitted: 1 year ago.
Category: UK Property Law
Customer: replied 1 year ago.
Hi. I have a question regarding a notice of home rights my ex wife has asked to be lodged with HMLR in relation to her signing the house over to me during a current remortgage. My ex wife agreed to sign the house over to my sole name 4 years ago and in return I have agreed to give her 30% of the lump sum payment of my pension when it matures. This is also currently in the process of being formally agreed via a clean break order. I needed to remortgage the house urgently as an endowment policy which was taken out to cover the mortgage shortfall was cashed in some years ago so I now need to remortgage to pay the deficit
Customer: replied 1 year ago.
My wife and I divorced approx 5 years ago but we didn't do a clean break order at that time. We have 3 children together, all of which are adults and 2 of which still live with me. My ex wife has said she wishes to have this notice applied to protect our children and their inheritance but from what I have read during my research it would appear that it would give my ex wife the right to enter/live in the house even though we are divorced and it does not appear to give any protection to my children whom I have named in my will as sole beneficiaries to the house on my death.
Customer: replied 1 year ago.
My ex wife has signed all the necessary forms to release herself from the current mortgage and deeds and the new mortgage I have arranged will be in my sole name.
Customer: replied 1 year ago.
The only outstanding item before the remortgage is complete is me agreeing to this notice and I am reluctant to agree to this as I cannot see how it will benefit my children in any way which is what she is saying is her reason. Our children are 16 (daughter live with my ex wife), a son of 23 and a son of 27. Can you please advise/clarify exactly what the order will mean to myself and/or my children please?
Customer: replied 1 year ago.
Our 2 sons live with me at the property in question and as stated previously, I have agreed with my ex wife that they will be the sole beneficiaries of the proceeds of the house when I die. I have also made a will to this effect and my ex wife has a copy of that.
Customer: replied 1 year ago.
Some additional information that may assist you in answering my question. My ex wife has remarried and now lives in Cairo, Egypt with an Egyptian national. She has caused many problems for myself and my children since leaving 5 years ago and I am concerned that her motives for wanting this notice of home rights to be registered for her own reasons and not for my children's protection. I know there is a matrimonial version of the home rights but of course that is not relevant given we are divorced and have been for almost 5 years.
Customer: replied 1 year ago.
I have recently become engaged to my current partner and we are intending to marry next year. My ex wife is aware of this and this also gives me some suspicion that her motives are not entirely honorable or solely for the protection of our children
Customer: replied 1 year ago.
I was and continue to be the sole carer for my children including my youngest who was then only 12 years old. My eldest son receives disability allowance and will always need to live with me.