Q&As

Can a non-owning former spouse register an interest in the matrimonial home after the divorce has been concluded but before a financial remedy order is finalised? If not, what protection, if any, is available?

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Published on LexisPSL on 02/06/2020

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Can a non-owning former spouse register an interest in the matrimonial home after the divorce has been concluded but before a financial remedy order is finalised? If not, what protection, if any, is available?

Where no application has been made to extend home rights so that they do not come to an end on decree absolute per section 33(5) of the Family Law Act 1996 (FLA 1996), the following options may be considered:

  1. to prevent the property from being sold, a unilateral notice pending the financial remedy proceedings could be placed on the property to notify any potential purchaser of the interest in the land, though this will not itself prevent a sale, see Practice Note: Notices and restrictions, in particular section: Notices

  2. a restriction in Form RX1 may be applied for if it is believed that there is an intention to dispose of or charge or deal with a legal estate, see Practice Note: Notices and restrictions in particular section: Restrictions

  3. if it is likely that asset

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