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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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Hi. I asked this question over 24 hours ago but Just answer was unable to get an appropriate solicitor to answer it within an acceptable time scale. As a result, they have given me a free question voucher which I am going to use here about the same issue
in the hope that someone can give me the answer urgently as i am getting desperate now. I will copy the original question transcription below. I have a question regarding a notice of home rights (form HR1) 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 although until now this has been a mutual and amicable agreement.. I had no choice but to remortgage the house urgently as an endowment policy which was taken out to cover the mortgage shortfall
was cashed in some years ago (by my ex wife) so I now need to remortgage to pay the deficit caused by this of 42K. I have found a lender and the re-mortgage WAS only days away from being completed. My wife and I divorced approx 5 years ago but we didn't do
a clean break order at that time but we are in the process of doing so now due to the remortgage and me wanting to formally agree to pay my side of the deal ( a percentage of my pension lump sum when it matures).. 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 prevent
me selling 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.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 which she is in agreement with. The only outstanding item before the remortgage is complete is me agreeing to this HR1 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 for requesting it. Our children are 16 (daughter has recently moved out to 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? Our 2 sons live with me at the property in question and as stated previously, I have agreed with my ex wife that they and my daughter 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. 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. 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. My Fiancee has no financial interest in this house as she owns her own property. I was and continue to be the sole carer for my children including my youngest
who was only 12 years old when her Mother moved to Egypt (she has now moved to Egypt too at the age of 16 to be with her Mother). My eldest son receives disability allowance and will always need to live with me. My financial advisor has today advised me that
the Building society that has facilitated this mortgage (which is about to complete) may not want to complete if a HR1 is in place. Can you please confirm whether a HR1 form is valid or appropriate when we have been divorced for 5 years? How can it possibly
benefit the children? If it is appropriate and legal, can it be removed once the Clean Break Order has been signed by the courts? My conveyancing solicitor has advised they are unable to comment or advise on this matter. Please can you help me?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Clare replied 1 year ago.


Thank you for your question

My name is Clare

I shall do my best to hep you but I need some further information first

When will the Pension mature?

Customer: replied 1 year ago.
Hi ClareThe pension will mature fully when I am 65, ie July 2025 although I may opt to retire earlier due to the nature of my role and my ongoing ability to perform it.
Customer: replied 1 year ago.
I work within the steel industry and have done for 36 years and as I am sure you are aware the steel industry is undergoing a suite of redundancies currently. I am not one of those as yet but it is possible I could be made redundant within the next year or two. Hopefully not but if I am, my pension fund at that point, if it continues to perform in the way the pension company anticipates, I would get a lump sum of circa 70k and then 10k per year. I have agreed with my ex wife that she will get 30% of the lump sum value, ie the 70K
Expert:  Clare replied 1 year ago.

Why was this not turned into a Court Order?

Customer: replied 1 year ago.
I would of course also get redundancy money but my ex wife has agreed she is not getting a part of that. All this is currently being progressed as part of a clean break agreement, which I now realise I should have done at the time of the divorce over 4 years ago but could not afford the legal fees at that point. In the meantime, I realised that my ex cashed in the endowment policy which was in place to cover the shortfall of the mortgage as was commonplace then so now I have less than a year of mortgage payments left to make but at the end of that there will still be a 40K deficit that I need to pay the building society hence me currently re-mortgaging and my ex agreeing to come off the deeds. I would love to talk to you but it would appear that the website only accepts US phone numbers?
Customer: replied 1 year ago.
She has signed all the relevant documentation in the presence of a UK Notary in Cairo where she lives and then at the last minute she has asked for a HR1 to be lodged with HMLR. She SAYS this is to protect our adult children's inheritance but I cannot see how that benefits them. HR1 is for married couples prior to divorce or financial settlement isnt it? I am suspicious of her intentions and need to understand the implications of the HR1 being lodged with HMRC and whether or not it can be removed once the clean break order has been agreed in court? I am happy to pay extra to speak to you if you can call a UK mobile or landline?
Customer: replied 1 year ago.
My financial advisor has also suggested that the building society who are lending me the re-mortgage value to cover the deficit may not be willing to complete if a HR1 is in place
Customer: replied 1 year ago.
I only wish now that I had made this a court order at the time, but I could barely afford to pay the mortgage and live when she upped sticks and moved to Cairo to marry an Egyptian national leaving me with 3 children. I am addressing this now via a Clean Break Order but I MUST complete on the re-mortgage now in order to stop my house being repossessed.
Customer: replied 1 year ago.
I have not heard anything more since the initial response last night? What is happening please?
Expert:  Clare replied 1 year ago.

My apologies for the delay

For clarity - A consent order is now being prepared is that correct?

Customer: replied 1 year ago.
Hi Clare, yes that is correct. A clean break order is in progress
Expert:  Clare replied 1 year ago.

How close is that to completion?

Customer: replied 1 year ago.
The clean break order is currently being drafted by an online Solicitor and it should be ready to send to my ex wife for signature within the next week. I will then be lodging it in court. Given she lives in Cairo, everything takes much longer to get there and back unless signed, scanned/emailed versions are acceptable which they are not always. My pension fully matures in 11 years time although I could and may have to retire at 55 years old, ie next year on 75% of it due to the physical nature of my job and the physical problems it is now causing me.
Expert:  Clare replied 1 year ago.

Is there any reason why the remortgage cannot be delayed until the Order has been made?

Customer: replied 1 year ago.
I need to complete the remortgage in the next week or so as the Building Society has already given me a month extension on the offer. The building society is the only lender who would lend to me given a previous bankruptcy which was discharged and fully paid up by me 5 years ago (even though my ex wife created the bankrupcy situation by excessive borrowing and cashing in of endowment policies that I was not fully aware of at the time). She did not pay anything towards the bankrupcy debts, I paid it all after she moved to Cairo. She also spent inheritance money left
to our children bestowed by her Maternal Grandfather. I am telling you this to give you an idea of the type of person I am dealing with. Please advise how I should proceed in relation to the remortgage/HR1 form in light of my situation. Please let me know if you need any further information.
Expert:  Clare replied 1 year ago.

Ok just to check.

is your ex proposing that this is done to cover matters until the Order is made?