Notice of home rights

hincha

Hi all

I’m doing some housekeeping as I get ready to purchase my HTB share and recently purchased a copy of the title to my house as I suspected the below may be the case!

When getting divorced my husband placed a Notice of Family Rights on the house. We are now divorced, all settled and happy. I have noticed when reviewing these deeds that this wording still exists.

I have seen the form on Land Registry to cancel this notice. It looks relatively straightforward. Is this permissible to complete myself? Is there a fee with the LR to do this?

hincha

*notice of home rights!!:money:

G_M

https://www.gov.uk/government/publications/applications-under-the-family-law-act-1996/practice-guide-20-applications-under-the-family-law-act-1996

7. Cessation of rights

A spouse’s or civil partner’s rights of occupation may be brought to an end in the following ways.

• by the death of either spouse or civil partner (section 31(8)(a) of the Family Law Act 1996), but see Rights continued by order of court and Renewal of protection as to the power of the court to make an order under section 33(5) of the Family Law Act 1996
• by the ending of the marriage or civil partnership otherwise than by death (section 31(8)(b) of the Family Law Act 1996), but see Rights continued by order of court and Renewal of protection as to the power of the court to make an order under section 33(5) of the Family Law Act 1996
• by an order of the court (paragraph 4(1), Schedule 4 to the Family Law Act 1996)
• by the spouse or civil partner voluntarily releasing the rights in writing (paragraph 5(1), Schedule 4 to the Family Law Act 1996)

8. Application to cancel a notice

An application to cancel a notice must be made in form HR4, accompanied by the appropriate evidence confirming one of the events described in Cessation of rights. The evidence should consist of:

• a death certificate
• an office copy of the decree absolute of divorce or nullity
• an office copy of a court order ending the home rights
• an office copy of the final dissolution, nullity or presumption of death order, or of the separation order, relating to the civil partnership
• a release of the home rights, signed by the spouse or civil partner and either made by letter or using form HR4

If the court has made an order under section 33(5) of the Family Law Act 1996 that is referred to in the register (see Rights continued by order of court and Renewal of protection), it will also be necessary for the applicant to supply satisfactory evidence that this order has ceased to have effect (see paragraph 4(2)(b), Schedule 4 to the Family Law Act 1996).
There is no fee.

hincha

Thank you very much

Land_Registry

Hincha - anyone can apply using form HR4 and supplying the supporting evidence listed on the form. There is no fee and you should post them to
HM Land Registry Citizen Centre, PO Box 74, Gloucester GL14 9BB