Removal of Home Rights Application now divorce is final

Hi<br> <br> I have had to remortgage due to end of my fixed rate, however, once my solicitor received the funds on 18th July 2025, when he came to do his final check with yourselves, there was an application pending and this wouldn't allow him to finalise my remortgage.<br> <br> After investigating who had applied for this, it was my ex-spouse's solicitor and this was applied for on 5th November 2024.&#160; My property is solely owned by myself, mortgage and deeds in my sole name and have been since February 2013, when I purchased the property following a clean break financial divorce settlement from my first marriage.<br> <br> I have been told my 2 family law solicitors that my new ex-spouse has no rights to this property as it is classed as a non-matrimonial asset, therefore, this application shouldn't have been made.<br> <br> My solicitor contact Land Registry and explained the situation regarding my remortgage and I was told to email directly with the objection and attached my final consent order (Decree absolute) which made my divorce final on 2nd June 2025.&#160; This I did on 23rd July 2025 and I received a letter saying there would be a short delay, even though the person on the phone advised that it would be done as a matter of urgency.<br> <br> I am very stressed regarding this as I am now paying daily interest on the monies for my new mortgage which my solicitor has and need this removing very, very urgently now.&#160; I was subject to domestic violence by my now ex-spouse and have been through so much that this matter isn't really helping me or my mental health right now.<br> <br> The application number is J184HYT for Title Deed ND79889.<br> <br> Is there any way possible this can be sorted today as I am now in severe financial difficulty until monies are received.<br> <br> Thank you.<br> Julia Foster

Hi Julia - I am sorry to read of the issues you are facing<br> I'll check with the casework team to ensure that the referral to one of our lawyers has been escalated as per your previous contact<br> I'll update you here once I have something to share but I can't be definitive re timescales I'm afraid&#160;<br> ND79889

Thank you. We were advised it was a straight forward removal as no contact had been had since May 2025.<br> <br> Julia

Morning Julia - after consultation with one of our lawyers and senior officer the casework team have emailed the applicant, Ms Holmes, and advised that the application as a whole will be cancelled after 8th August in the absence of any reply<br> ND79889<br> <br> &#160;

I was hoping it would be before then as I now have no money to live on but thank you for your help.<br> <br> Julia&#160;

Julia - noted and fully appreciated. The lawyer/senior officer have the final say re timescales here and they will have given the extra time based on the application as submitted and further evidence supplied.&#160;<br> Hopefully matters can progress swiftly after the 8th in the absence of any response<br> ND79889

I thought with the divorce being final it could be cancelled immediately as it's not valid.<br> <br> Julia&#160;

Hi<br> <br> Can I just ask as there is a declaration of trust on my register for my elderly parents and I am free to remortgage etc with this and have done so&#160; twice does this not cancel out his solicitors application as it seems unfair to me that someone who has no financial ties to my house can stop me doing this. My solicitor has asked me to enquire as I am now on the base rate and payments are nearly all of my monthly wage.<br> <br> Julia&#160;

Hi Julia - the declaration of trust is protected by way of a restriction on the register. If you remortgaged then a new legal charge would be caught by the restriction so it would have to be complied with. Your conveyancer could give a certificate in accordance with the restriction wording, as has been done previously when you have remortgaged.<br> Any remortgage does not cancel out any application in form HR1 and whilst that's still pending a lender is unlikely to lend and that's the issue you are currently facing<br> ND79889

Also a home rights notice as I understand it is for him to continue living at the property. He hast lived here since July 2024 and all his possessions were taken by him in October 2024 to his own property&#160;<br> <br> Julia&#160;

Julia - what legal rights are involved is something you would need to confirm/clarify with your solicitor.&#160;<br> Our role is explained in our PG 20 -&#160;<a href="https://www.gov.uk/government/publications/applications-under-the-family-law-act-1996">Home rights and applications under the Family Law Act 1996 (PG20) - GOV.UK</a>&#160;<br> The issues re whether the application is a valid one have been raised by the lawyer/senior officer previously and again in the most recent email. If we don't get a response that legitimises the application to protect the rights then it will be cancelled as appropriate<br> ND79889

I know a remortgage doesn't but a final order for divorce does. I have my mortgage ready to finalise but with this application still showing my conveyancer can't finalise it. My new lender is aware of this.<br> <br> Is there anything we can do to get my new mortgage registered as I am now in serious financial difficulties and&#160; also classed as vulnerable due to domestic violence and abuse by the ex spouse.<br> <br> Sorry but I am really in need of this so I can start my clean break financial order process.<br> <br> Julia&#160;

Julia - any new mortgage can't be registered until it's completed with the lender and an application made to update the register. Your lender isn't I assume going to complete on the loan until the issue re the Home rights is resolved. And that won't resolve until after 8th August unless we get a response sooner from the applicant<br> I do appreciate the difficulties/issues involved but the lawyer/senior officer have allowed that extra time for a response from the applicant as previously posted.<br> ND79889

We have completed but my solicitor returned the funds&#160;<br> <br> Julia&#160;

Hi<br> <br> Is it possible you could let me know if this application is going to be removed as the divorce is final and the deadline was today to hear from Helen Holmes. My solicitor is now ready to finalise my remortgage.<br> <br> Thank you.<br> Julia&#160;

Hi Julia - their application has been cancelled&#160;<br> ND79889

Will I receive official confirmation via email as my solicitor needs it&#160;<br> <br> Julia&#160;

Julia - you should get a letter to explain. Your conveyancer/lender will run their own searches to confirm what's pending or otherwise so will see that the application is no longer there.&#160;<br> ND79889

Ok thank you for your help.<br> <br> Julia&#160;