Matrimonial Home Rights - form HR1 - Title "Register"? Or Title "Plan"?

makara

Situation - wife of 53 years wants to separate formally from husband, and force sale of house to move into another property with her adult children. 

His name is the sole one as the property owner (deliberately). He has paid the mortgage off.

However wife has been told by a solicitor that due to living in the house for 48 years, and raising the children there, she can apply for "Matrimonial Home Rights" - so that in the event of separation / divorce she will get a share of the value of the house if sold / and so that husband cannot sell it without her consent.

She is filling in form "HR1" on the Land Registry website.  But confused as to which of the two "Title" documents she should pay £3 for - Title "Register"?  Or Title "Plan"?

She needs the "Tittle Number" to put on form HR1.  Should she just pay for both "Register" and "Plan" ?  In case her solicitors end up needing both?    

She could ask husband to see the Deeds in order to get the Title number   - but the Solicitors have advised against this, as he may realise why.

Land_Registry

Register only. The register is the written information re ownership etc. 
The title plan simply shows you the general boundaries.
The onl8ne service provides an example of each so you can see what’s included 

makara

@ Land_Registry - many thanks indeed. 

A bit confused on what the fee is for applying for Matrimonial Home Rights (using form "HR1") - as there is a box for "Fee paid" with the £ symbol - but to the LEFT of that is a note "Currently no fee is payable for the entry of a home rights notice"

Please could you advise if this means there is no payment due - or if there is a payment, then what it is (the amount)?

makara

Just found this link - 

https://www.gov.uk/guidance/hm-land-registry-registration-services-fees

which states the following -

Applications exempt from fee

The following applications are exempt from fee:

"5)  Register or renew a home rights notice, or renew a home rights caution under the Family Law Act 1996"

- so presumably there is no fee to be sent with the form in this instance?

If this is correct, then can one upload the completed form HR1 ?  Or does it need to be printed off, and a physical copy sent in the post?

canaldumidi

Fee and address

Send the completed form with the correct fee to our standard address.

https://www.gov.uk/government/publications/notice-of-home-rights-registration-hr1

Land_Registry

There is no fee currently, as you’ve discovered. 

The form is set up to refer to a fee panel in case things change in the future.

makara

The form was filled in and sent off two days ago.

What now happens?  Do the Land Registry check to see if the wife and husband are indeed living in the same house?

And then do they inform the house owner (the husband) that the wife has registered Home Rights?

And / or does the wife get notified?

Land_Registry

makara said:

The form was filled in and sent off two days ago.

What now happens?  Do the Land Registry check to see if the wife and husband are indeed living in the same house?

And then do they inform the house owner (the husband) that the wife has registered Home Rights?

And / or does the wife get notified?

You wait several weeks before it’s processed
We don’t check if both are living in the same house
Yes as per the form HR1 explains, namely NOTE: Notice of this application will always be sent to the registered owner
If the wife has applied then Yes once it’s completed. If someone else has then they are notified. 

See our Practice Guide for more information but if you have these types of Q, after the application has been submitted, I’d recommend getting legal advice on what her/his rights are 

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

makara

Land_Registry said:

Many thanks indeed.  Wife is already in contact with a Solicitor, and will return to her once she / husband receive notification of the Home Rights being registered.  Really appreciate your help.