I have received a home rights notice from the land registry which was instigated by my absent wife who left me nearly three years ago.

I now don't know my wifes whereabouts,

she doesn't reply to my emails so I can't discuss this issue with her.

She hasn't petitioned for divorce so I don't know where I stand.

The home rights notice states that I can't sell the house without my wifes permission.

However, as I can't communicate with her I seem to be stuck in a situation that I can't solve.

Being legally unable to sell it without permission that I cannot obtain what should I do?

The home rights notice doesn't say that I can't demolish the house so I assume that would be legally acceptable.

I would be happy to negotiate a sale of the house with my wife if she would only communicate with me.

Should I just demolish the house and ignore the home rights notice if my wife continues to ignore my emails?

Being notified by the land registry that I can't sell my house without the permission of someone who's location is unknown

and I can't borrow any money against the equity implies that the house is worth nothing.

The home rights notice form has a contact address for the person who is submitting the form. This will probably be your wife's solicitor. Contact them if you want to reach an agreement.

The only address on the home rights notice is the address of my property.

I suspect that my wife applied for the home rights notice on line and didn't

use a solicitor.

Nothing in Box 5/6/7 ?

http://www.landregistry.gov.uk/_media/downloads/forms/HR1.pdf

All I have here is form B94-1 the notice of an application for a home rights notice

accompanied by some explanatory notes. The notes explain protecting home rights

under the Family Law Act 1996.

Essentially a B94-1 is notification of application made at H M Land Registry which has the effect of preventing you from selling or remortgaging your property.

You do not have to pay anything. It does not entitle your ex wife to anything. It is normally used to "secure" property pending ancillary relief proceedings (where the assets are split).

I am unable to afford a divorce due to living on a small private pension and I'm certain that my wife wouldn't

be able to afford a divorce either. This situation has been made worse by the withdrawal of legal aid from divorce

cases. I therefore seem to be stuck in a situation that has no solution.

Being unable to afford a divorce and now being unable to sell the house implies that my house has no value.

The value of something is based upon how much someone is willing to pay for it.

Therefore if you aren't legally allowed to sell something then it must have a market value of zero.

You can read about how to get a divorce here: https://www.gov.uk/divorce/overview

Just because you have no income does not mean that you cannot have a divorce. Divorce doesn't necessarily mean you have to pay your wife cash, it can also mean that she becomes entitled to a 50% share of the property. The house would then be jointly owned.

Thank you for that link. I have had a good read through the information.

Am I correct in thinking that if I could obtain a divorce which resulted in my wife owning

50% she couldn't force me to sell the house without my agreement.

Also I assume I couldn't sell the house without her agreement.

I wonder if under such circumstances if she could charge me rent on her half

of the property. I assume so.

No, you can't sell the house without her agreement (although it is difficult to see why she would not agree).

She can't sell the house by herself but, if granted a 50% share, she could ask the court to grant an order that the house be sold. These orders can be difficult to get, but are available for example if in a situation where you could reasonably be expected to move to a smaller house in order to release her share of the equity.

She can't charge you rent on her half of the property.

The notice on the register alerts a buyer to the third party right she has .

The registrar won't register the new proprietor until the notice has been removed, and it'd be a poor solicitor that allowed the conveyancing to go forward with the notice in place.

As she has registered it, it is binding on any possible purchaser as a (notice on the register regarding an) "interest affecting a registered estate" (IARE).

Were she to move back in, and remove the notice, she couldn't claim the protection of being "in actual occupation" which normally protects people living in the property (This 'occupation' right is an "over-riding " interest under Schedule 3, Para 2 of the Land Registration Act 2002, but the Family Law Act matrimonial home right is specifically excluded from being eligible from Schedule 3, Para 2 by S31(10)b of the Family Law Act

You also CANNOT circumvent her home right by

1) asserting you hold the property on trust for both of you

2) appointing a second trustee, then

3) getting a buyer to "over-reach" her beneficial interest.

So, your options are:

1) reach an agreement, contacting her via the address on her FLA home right application, or

2) divorce her without her knowledge, if you really can't contact her. You'd need to show the court you'd tried all reasonable measures to contact her, before they allowed a "dispense of service " application to do away with the need to serve the papers on her. If you went down this route, you'd need to ensure her share of the equity in the property was held on trust for her as part of the divorce - the court won't grant a divorce without issues of property being resolved, and if she isn't able to be contacted the court will ensure her interests are fairly represented.

Once divorced the registrar at the Land Registry will remove the FLA notice and the sale can proceed : she still gets her money, though!

No, you can't sell the house without her agreement (although it is difficult to see why she would not agree).

 

 

She can't sell the house by herself but, if granted a 50% share, she could ask the court to grant an order that the house be sold. These orders can be difficult to get, but are available for example if in a situation where you could reasonably be expected to move to a smaller house in order to release her share of the equity.

 

 

She can't charge you rent on her half of the property.

Thank you for that information. Maybe then I could continue to live here for the rest of my life without the worry of a forced sale. I don't mind my wife being granted 50% ownership as long as I can continue to live here. Regarding moving to a smaller house, there are no houses in Bristol that I could afford with 50% of the proceeds from this house and I wouldn't be eligible for a mortgage. Therefore moving to a smaller house is financially out of the question.

The notice on the register alerts a buyer to the third party right she has .

The registrar won't register the new proprietor until the notice has been removed, and it'd be a poor solicitor that allowed the conveyancing to go forward with the notice in place.

 

As she has registered it, it is binding on any possible purchaser as a (notice on the register regarding an) "interest affecting a registered estate" (IARE).

 

Were she to move back in, and remove the notice, she couldn't claim the protection of being "in actual occupation" which normally protects people living in the property (This 'occupation' right is an "over-riding " interest under Schedule 3, Para 2 of the Land Registration Act 2002, but the Family Law Act matrimonial home right is specifically excluded from being eligible from Schedule 3, Para 2 by S31(10)b of the Family Law Act

 

You also CANNOT circumvent her home right by

1) asserting you hold the property on trust for both of you

2) appointing a second trustee, then

3) getting a buyer to "over-reach" her beneficial interest.

 

So, your options are:

1) reach an agreement, contacting her via the address on her FLA home right application, or

2) divorce her without her knowledge, if you really can't contact her. You'd need to show the court you'd tried all reasonable measures to contact her, before they allowed a "dispense of service " application to do away with the need to serve the papers on her. If you went down this route, you'd need to ensure her share of the equity in the property was held on trust for her as part of the divorce - the court won't grant a divorce without issues of property being resolved, and if she isn't able to be contacted the court will ensure her interests are fairly represented.

Once divorced the registrar at the Land Registry will remove the FLA notice and the sale can proceed : she still gets her money, though!

Thanks for your informative posting. I am currently living alone in the property. I thought that being in actual occupation only protected occupants who were under 18 or in full time education. I am therefore worried that should a divorce come about, the court would force a sale leaving me homeless.

Being in actual occupation can protect people other than the owner of the legal title to the property from coming home one day to discover it's been sold from under them (except for spouses : who HAVE to register their FLA home right, as your wife has done).

It doesn't protect you as you are the owner of the legal title : a court COULD order a sale ( that doesn't mean they would, only could).

I guess the mess I am in could be my fault. My wife deserted me nearly three years ago and has only recently applied for home rights. I should have sold the house when she deserted me and disappeared abroad with the money.

Oh well, I had my chance but now my chance has gone.

Maybe I could adopt a child or go back into full time education to ensure the court don't grant an order for sale

in the near future.

Does anyone know if the land registry would tell me my wife's address?

Does anyone know if the land registry would tell me my wife's address?

They should tell you the address the home right was applied for from.

It may not be her address, but should be an address documents can be served to, such as a solicitor's

OK thanks for that. I will phone the land registry tomorrow morning.

I obtained my wife's address from the Land Registry and sent her a letter by recorded delivery.

She has received the letter and failed to reply.

I asked her for permission to sell the house so she can have her half of it's value.

Her ignoring me means that I can't sell the house despite me offering her half the value.

Therefore being legally unable to sell, it must be worth nothing.

Would my wife have a financial claim against me if I were to demolish the house?

I assume not because half of nothing is nothing.

I know a chap who lives locally who ownes a large JCB.

He is willing to demolish the house for a modest fee.

Divorce her.

As part of the divorce settlement get the court's approval to sell the house.

Once divorced : her home right ceases : which is why the division of property is done as part of the divorce.

If you are worried that that would "leave you homeless", then stay : her home right may prevent you selling the property but you aren't homeless (nor can she insist on moving in!)

I know a chap who lives locally who ownes a large JCB.

He is willing to demolish the house for a modest fee.

Where will that get you ?????????????????????

Your best bet is follow post # 20 BazzaS

BazzaS thanks for your reply. Divorce her, yes I agree. However, there are a few problems.

I am living on a very small private pension and cannot afford to divorce her.

Around two years ago, all legal aid was withdrawn from divorce cases.

I took some legal advice recently and discovered that my wife is fully entitled to move

back in here any time she wishes. The home rights notice gives her exactly that entitlement.

I therefore wonder why you think she can't insist on moving back in.

BazzaS thanks for your reply. Divorce her, yes I agree. However, there are a few problems.

I am living on a very small private pension and cannot afford to divorce her.

Around two years ago, all legal aid was withdrawn from divorce cases.

I took some legal advice recently and discovered that my wife is fully entitled to move

back in here any time she wishes. The home rights notice gives her exactly that entitlement.

I therefore wonder why you think she can't insist on moving back in.

My error : I confused it with the rights of an owner of a beneficial interest.

So, you are saying that you can't sell it without her agreement, might be able to afford to sell and move somewhere else (I'm not sure if you are saying if you could afford to do this if she were to get half of any equity.... Which she is likely entitled to!)

I'm still not sure why you'd want to knock your home down, other than "to cut your nose off to spite your face"??

A home rights notice does not mean you cannot sell the property. It means you would have to agree with your wife what should happen as part of a divorce settlement, or that you would have to seek a court order saying what should happen if you cannot agree.

Being married is a bit like having joint ownership of the house. Marital assets are in that context 'co-owned', even if only one spouse's name is mentioned on the land registry. On divorce, both spouses get a share of the marital assets.

A home rights notice does not mean you cannot sell the property.

But who would buy it with the restriction in place?