I've just downloaded (from the Land Registry website) the Title Register of a property we're interested in buying and we're mystified by the last entry in the Charges Register. Could you interpret what it means, and what effect (if any) it might have on the sale of the property?
I've altered the names of the individuals and of the solicitor.
4. (24.04.2009) Notice of home rights under the Family Law Act 1996 in favour of Francis Mary Smith of care of Cholmondeley Featherstonehaugh Solicitors, 1-9 George Street, Random, RD5 7FD the spouse or civil partner of John Ronald Smith.
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Husband died and joint title altered to reflect this?
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In case it's in any way relevant, the property was bought in July2003 in the name of John Ronald Smith.
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Have you read this?
www.landreg.gov.uk/assets/library/documents/public_guide_004.pdf
Last edited by: crocks on Thu 25 Mar 10 at 17:09
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>> Have you read this?
>> www.landreg.gov.uk/assets/library/documents/public_guide_004.pdf
Thanks, crocks.
Having now read about the Family Law Act 1996, I think this is the nub of the matter.
"2.1 The purpose of the Family Law
Act 1996
One purpose of the FLA 1996 is
to protect rights of occupation of
a husband or wife in respect of the
matrimonial home. These rights are
especially important if your spouse
has left you or your marriage is in
danger of breaking up. The FLA
1996 protects you against anyone
who might acquire an interest in
your matrimonial home from your
spouse, such as a purchaser, and
ensures that they cannot force you
out of your home."
Because, in the charge, the wife is stated as being c/o her solicitor, my guess is that she's separated from her husband and lives elsewhere. She's trying to prevent her husband from selling the house without her agreement. Since the husband has in fact put the house up for sale, he may not be aware that the charge has been added to the Title. He may only find out if and when a potential sale gets to the point of involving his solicitor and his solicitor sees the Title. I could be wrong but that's my guess.
Last edited by: L'escargot on Fri 26 Mar 10 at 07:25
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Sounds as though a couple divorced and she got the house.
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Yep. And a timely warning to all C4Pyers - make sure the Title of your home matches your current arrangements - Unmarried partners could find themselves homeless if you haven't updated title to show them as tenants in common and if you haven't made a recent will the house could go to an ex....check it to see.
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Entry in Charges Register part of Title Register - PeteW
