Land Registry HR1

Please could you advise me as to the easiest way to get a copy of a land registry house rights form and to fill it in correctly ? Or do you have to have it done through a law firm ?

You can do it yourself, there is no fee and document can be downloaded from here: www.gov.uk/government/publications/notic...hts-registration-hr1

Charles

Hi Charles,

I have a mortgage where I am the main applicant. My ex-wife and I are officially divorced and I want to remove her name from the mortgage. As this is something that is in my name and I am paying it myself. Can I have her name removed and how can I get this done.
Please can you advise me? On the bank mortgage records, she was just a guarantor for the loan as it was my first time and due to my age. now the bank has told me that I don't need her as my guarantor as I am eligible now to be the only applicant. They will be removing her name.

Hi, it it better to start a new thread as this is a different topic.

To remove your ex from being guarantor on the mortgage if it is in your sole name, you would need to prove to the lender that a guarantor is no longer required because you can afford the mortgage.

If the mortgage is in joint names, you need to mortgage in your sole name.

Changing the terms of the mortgage does not have any impact on your ex's entitlement to a share of the property or to the ownership if it is in joint names. You would need a legally binding settlement which can be mere by agreement and application to the courts.

NB if matrimonial home rights are registered on a property in your sole name, no changes can be made to the mortgage without agreement. home rights cease on Decree Absolute unless there is a further application that would extend them.

Hadenoughnow

Thank you for responding hadenoughnow. please can you explain this "home rights cease on Decree Absolute unless there is a further application that would extend them." On property papers I am the main the primary owner

To remove her name from the mortgage may be something that you can organise with the bank (setting up a new mortgage and signing papers).

What hadenoughnow is alluding to is that, even after her name is removed from the mortgage, she may have a claim against your property as part of a divorce settlement.

You say you are divorced.

Did you also reach an agreement on a financial divorce settlement and have it documented and approved by the court as a Consent Order?

If yes then you are done.

If no then your house and other assets (pensions etc) are all at risk of her making some claim against them in the future (whether or not her name is on the mortgage).

She could register an interest in the property through land registry. But more significantly she could apply through the courts for a Financial Remedy including a property adjustment order.

Can I get help filing the consent order