Family Law Act 1996: definition of 'matrimonial home'?
Discussion
Further to a related topic I posted a little while ago, the situation has changed and I'm struggling to find out what defines a matrimonial home in terms of the Family Law Act 1996.
The situation is this: estranged married couple, M(ale) and F(emale), used to live together in a house owned by F. At some point they vacated the house and lived together in a house jointly owned by M and F. Subesquently their marriage broke down - they are now in the process of divorce - and M moved back to the former matrimonial home owned by F, whereas F remained in the jointly owned house with their children. F has now issued M with a Notice Of Possession but M has applied to the Land Registry for a notice of home rights via Form HR1.
My question is whether or not the former matrimonial home, not being the most recent matrimonial home still constitutes a matrimonial home in law (ie. within the Family Law Act 1996, under which M applied)? And is the application likely to be successful?
The situation is this: estranged married couple, M(ale) and F(emale), used to live together in a house owned by F. At some point they vacated the house and lived together in a house jointly owned by M and F. Subesquently their marriage broke down - they are now in the process of divorce - and M moved back to the former matrimonial home owned by F, whereas F remained in the jointly owned house with their children. F has now issued M with a Notice Of Possession but M has applied to the Land Registry for a notice of home rights via Form HR1.
My question is whether or not the former matrimonial home, not being the most recent matrimonial home still constitutes a matrimonial home in law (ie. within the Family Law Act 1996, under which M applied)? And is the application likely to be successful?
http://rightsofwomen.org.uk/get-information/family...
Family home
The family home is the main property you live in or lived in or intended to live in with your spouse during your marriage. It can be a house, a flat, a caravan, a house boat or other places that you can live in.
Example: Claire and Sophie are married. Claire owns two properties, one is located in London and one is located in Cornwall. Claire and Sophie live day to day and raise their children in the property located in London. During the holidays, the family stay in the property in Cornwall.
Claire and Sophie’s family home will be the property located in London because this is where they spend a majority of their time. Therefore Sophie may only register her home rights against the property in London.
Family home
The family home is the main property you live in or lived in or intended to live in with your spouse during your marriage. It can be a house, a flat, a caravan, a house boat or other places that you can live in.
Example: Claire and Sophie are married. Claire owns two properties, one is located in London and one is located in Cornwall. Claire and Sophie live day to day and raise their children in the property located in London. During the holidays, the family stay in the property in Cornwall.
Claire and Sophie’s family home will be the property located in London because this is where they spend a majority of their time. Therefore Sophie may only register her home rights against the property in London.
In my opinion no, there can be only one marital home to which the MHRN can apply. This is the most recent one, which he is a joint owner of.
He possibly can register a caution against it to stop it being sold, but as it is not the matrimonial home he has no right to live in it.
Not a lawyer blah blah blah.
He possibly can register a caution against it to stop it being sold, but as it is not the matrimonial home he has no right to live in it.
Not a lawyer blah blah blah.
Cider Andy said:
They've said on the phone that they are obliged to write to the owner who can then contest the application if they believe it is not valid.
Yes the owner gets notified but I think to contest it requires a court hearing. I had something similar with a registered caution from an ex (not married).Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff