registered interest

Hello all basically im currently co habitting with my partner he owns the house we share solely he has split up with his x2b she lives in the matrimonial house they both shared which is in joint tenancy.
i want to know are we able to sell the house me and my partner share even though we recieved a letter from land of registry saying his x2b has registered an interest in our house. is she able to do that she didnt pay anything towards our home why should she have a part of it. my partner saying she can have the matrimonial house solely.......is it best 4 me 2 ring land of registry to get futher info. or does anyone have ant kind of knowledge about this situation

Hi miss c

Im not an expert in this area, my stbx registered an interest in the FMH latter part of last year, even though its now in my name solely and has been for four years, weve been apart 5 years. I understand that they can do that under matrimonial causes act., we never divorced, wish i had.

Now going through divorce and the house goes in the pot. I dont think you can sell the house at this time, unless the interest is lifted, or the house is sold as part of the agreement of the court.

I may be corrected on this as others know a lot more than me

I suppose that as the house you live in can be considered as your partner's asset, then legally his stbx is entitled to a portion of it. Of course a court may decide that as she has the marital home that is her portion and your partner can keep the one you live in.

the house she registered an interest against is the house me and my partner share not the matrimonial home which my parner and x2b use to share..i feel so helpless

I answered this in your other thread. But just to add; if you ring the Land Registry and tell them where you live; they will give you a number for the local office to discuss; (they did for me!)

I registered MHR; (for the home I occupied). They had to remove my husbands late wife because he'd never bothered to do so after she died. (They were reluctant to add me, because there was already a womans name on it! His late-wifes Death certificate was submitted as proof).

But I thought my sol said that you can only apply MHR to the house that is the MH????

Check this out, and if she wasn't allowed to do so; can you post here what they said?

We all learn from each others' experience.

Sera

thanks alot sera will update you with what they say many thanks

Hi miss_cheeky,

Your partner's xtb can apply to register an interest (as opposed to matrimonial home rights) on in the property you share with him because it is one of his assets and on that basis she can argue an implied trust.

Your partner gets notified of the application and has, from memory, 14 days to lodge an objection otherwise the Registrar records the interest which means hsi xtb will be notified should there be any attempt at conveyancing. The interest itself doesn't restrict the sale, it just makes things more complicated by giving the stbx the opportunity to restrict a sale, demand a cut or have it set aside.

The issue of whether she is entitled to any portion of a future sale etc. will not be decided by the Registrar, it will be decided by the court during normal ancillary relief proceedings. Should your partner not even attempt to object to the stbx's application her sol may twist this to say your partner accepts that she has some claim to the property.

You are entitled to register matrimonial home rights on the property you live in.

YA