Home Rights Notice removal - any experience anyone?

Metermaid

We're purchasing a house at the moment, a few weeks ago it came to light that the ex husband of the lady selling the property had a 'Home Rights Notice' placed on the title deeds some time ago. This needs removing before our solicitor will exchange as otherwise he could have a financial stake in our home.

I looked at the Land Registry site and this looked to be fairly straightforward - a form to download and present via the solicitor with a copy of the divorce papers. However, this has been rumbling on for weeks and we seem no further forward. I'm now told that the solicitor that placed the notice on has to be the one to remove it - and he's proving difficult to pin down!

The vendor will now not return EA phone calls - she just says the solicitor is dealing with it and that's that.

Main frustration is that we just cannot seem to get any sort of answer as to when this will be resolved. As we're ready to exchange otherwise, and our tenancy comes to an end in very soon (and we can't extend) - it's all getting rather stressful.

Anyone any suggestions please?

silvercar

A home rights notice is there to prevent a non resident from having the home sold from under them. It is often used when the home is in one persons name but the partner (or ex partner) has a right to a share of the equity.

Whereas it is merely a question of getting the notice lifted (as you say one form to the Land Registry), this assumes the absent person has consented to the house sale and the split of the equity. If an agreement hasn't been made it will all take as long as it takes!

Metermaid

silvercar wrote: »

A home rights notice is there to prevent a non resident from having the home sold from under them. It is often used when the home is in one persons name but the partner (or ex partner) has a right to a share of the equity.

Whereas it is merely a question of getting the notice lifted (as you say one form to the Land Registry), this assumes the absent person has consented to the house sale and the split of the equity. If an agreement hasn't been made it will all take as long as it takes!

Oh dear, that sounds very open ended! Some more info has come to light, the couple have been separated for 4 years and she says she paid him out and now owns the property in her name only. Their final hearing is in a month but her solicitor has apparently told his solicitor that if he lifts the notice and lets the sale go through the whole proceeds will go into her solicitor's account until the hearing is over - basically making it worth his while not to hold up the sale - after all until the sale goes through he can't get anything can he? - am I being naive?