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Posted Thu, 23 Jan 2025 12:53:29 GMT by Jacqui Harvey
Hi, I'm looking for advice on a homes rights notice that was placed on my home.
I am sole owner and was for 8 years before I was married, we wre married for a year before his alcholism came to light, from then we barley spent any time together and there was no intimacy in the marriage for over 8 years before we split up and he moved out in March 2019 and I moved to another country to get away from him as he was a very abusive alcoholic. 
He placed the homes rights notice on my house in January of 2021. My thoughts are that he lied to his solicitor stating he was still living there to get it placed.
My question is was he still legally able to place it if he wasn't living there for nearly 2 years? 
I have had tenants renting my house since April 2020 and he wants to remove them and live there while telling me he won't pay the mortgage once in, he hasn't contributed towards anything to do with the house since leaving in 2019.
Many thanks and looking forward to hearing your response.
Posted Thu, 23 Jan 2025 13:51:52 GMT by Adam Hookway
Hi Jacqui - we can't offer legal advice and would suggest you speak to a conveyancer/solicitor as appropriate to understand what his/your legal rights are
Our PG 20 explains how a spouse can apply for such a Notice to be registered and form HR1 is then used to make such an application. The form explains what type of information is needed to register such a Notice/protect any rights
Practice guide 20: home rights and applications under the Family Law Act 1996 - GOV.UK

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