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Posted Thu, 27 Mar 2025 20:10:39 GMT by Clairwyn Richardson
Hi
My soon to be Ex Spouse requested a Home Rights Notice on the MH 7 months after she moved out of the property & before I put the house on the market for sale.
The house is solely in my name and was purchased 16.5 years before we were married.
We were married for 3.5 years before leaving the MH.
No financial contributions have been made by her towards the home
She abandoned the MH in March 2024 and now that a sale is nearly finalised on the property I am unable to proceed with the Notice in place.

I believe that she has mis used the spirit and purpose on which a HRN is intended - to occupy the MH regardless of who owns it - as she abandoned the MH 12 months ago and is using this notification to prevent me selling my property & causing me financial difficulty.

I am aware that when the divorce is finalised then she will no longer have Home Rights, however she is delaying the Divorce process.

Please advise.
Many Thanks
 
Posted Fri, 28 Mar 2025 06:59:37 GMT by Adam Hookway
Hi Clairwyn - there's no 'appeal' process but if you believe that the home rights notice was entered in error or incorrectly please lodge an AP1 for alteration of the register with appropriate evidence.

Please send your completed application form to:

HM Land Registry address for applications.

Please see Practice Guide 20: applications under the Family Law Act 1996.
And do seek legal advice as to what rights you both have under the legislation itself 

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