Question: What does matrimonial home rights mean?

If you are married then you have a right to live in your home, even if your home is only in your husband or wifes name. This is known as matrimonial home rights.

What are matrimonial home rights?

Matrimonial Home Rights give protection to a husband, wife or civil partner under the Family Law Act 1996 (the “FLA”) where the matrimonial home is owned by one spouse but the other spouse has a right of occupation.

How do I get rid of notice of matrimonial home rights?

An application to cancel a notice must be made in form HR4, accompanied by the appropriate evidence confirming one of the events described in Cessation of rights. The evidence should consist of: a death certificate. an office copy of the decree absolute of divorce or nullity.

Are you entitled to half house if married?

Can my wife/husband take my house in a divorce/dissolution? Whether or not you contributed equally to the purchase of your house or not, or one or both of your names are on the deeds, you are both entitled to stay in your home until you make an agreement between yourselves or the court comes to a decision.

Can someone put a charge on my property without me knowing?

Normally, you cannot put a charge on land without that persons consent. tdlawyer : However, you could seek to put a notice on the land registry that shows you have some interest in the land, and hence it should not be sold without telling you.

How long do home rights last?

The Home Rights Notice will usually last as long as a spouse has Home Rights in respect of the property. Home Rights are granted by way of marriage and so the easiest way to end those Rights is by getting a divorce.

Can I make my husband leave the marital home?

You do not have to move out just because your spouse tells you that he/she wants you to leave. Both parties have a right to stay in the home. No one can force you to leave your residence without a court order unless there is domestic violence.

How can I remove a charge from my property?

The charging order on your home is recorded on the Land Registry until you pay the debt in full. It can then be removed by applying to the Land Registry.

What happens if there is a charge on a property?

When your creditor has a court order against you, they can apply for another court order that secures the debt against your home or other property you own. This is called a charging order. After your creditor gets a charging order, they can usually apply to the court for another order to force you to sell your home.

What does it mean if there is a charge on a property?

At its simplest, a charging order is a document that converts your unsecured loan into a secured one. A charging order secures a debt you have with a creditor against your property. This means if you sell or remortgage your home before the debt is cleared the charging order will be paid off from the proceeds.

Can a property be sold with a charge on it?

When your creditor applies for an interim charging order, theyll also register a charge on your property at the Land Registry. This means you cant sell your property without your creditor knowing about it. If you can pay back the debt in full at this stage, you can get the charge removed from the Land Registry.

How long does a charge on a property last?

Does a charging order expire after 12 years? The charging order on your home is recorded on the Land Registry until you pay the debt in full. It can then be removed by applying to the Land Registry.

Say hello

Find us at the office

Hostler- Pertzborn street no. 57, 67563 Kigali, Rwanda

Give us a ring

Anterio Ruebush
+29 780 790 988
Mon - Fri, 8:00-17:00

Contact us