Either party in a marriage can seek an entry on the Land Registry protecting their right to occupy the matrimonial home (/ prevent it being sold from under them!) where the other party in the marriage holds the sole legal ownership (at the Land Registry).
There is no need (nor ability) to do this if the legal title is held by both the married people.
This harks from the era where the man was the breadwinner / the name on the title, and was to protect the wife from being able to be put out of the matrimonial home and it sold without regard to her rights. Times have rightly moved on, and the matrimonial home sections of the Family Law Act 1996 don’t consider which partner holds the legal title, just that the rights of the other can be protected.
Neither has rights over and above the other, it just gives protection to the one who doesn’t feature on the title. It also ceases when the divorce is finalised (where it is expected the financial aspect is also finalised)
So “if she wants him out” : this can’t be forced until the divorce is concluded.
What she can ask the solicitor to aim for is:
a) how she can get the divorce ASAP (& how long this is likely to be!),
b) if a realistic financial settlement is that one of them gets to stay in the house with the children until all the children reach 18 (or 21 if in full time education) : the focus will be on keeping a family home for non-independent children
i) if this is likely to be her that stays with children
ii) that the other holds a charge / interest in the property but can’t order the house sold until the children become adult / independent.
At some point he will be able to insist on his share of the property, though how much his share will be will depend on the “common intent” between them when they
a) purchased it, and
The starting point is 50/50 split, unless it can be shown a different arrangement was agreed or envisioned.
always better not to appeal in 9/10 cases as you shoot yourself in the foot by ID'ing yourself as the driver and lose what protection you had under POFA..
please complete this:
and scan up their NTD BOTHSIDES to ONE multipage PDF
after carefully reading upload guide.
also post up the appeal you sent
and their response.
they will know their machine was not working but are just trying to fleece you
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!