A client is planning to start the process of getting a divorce from his spouse. He does not have a legal interest in the marital home, and the title to the home is not registered.
How can the client protect his interest in the home?
A client is planning to start the process of getting a divorce from his spouse. He does not have a legal interest in the marital home, and the title to the home is not registered.
How can the client protect his interest in the home?
As a Class F land charge on the Land Charges Register.
(B) To protect the client's interest in the matrimonial home, a Class F land charge should be put in place. This charge safeguards the non-owning spouse's or civil partner's statutory right to occupy the home under the Family Law Act 1996.
Option (A) is not applicable because a Class D(ii) land charge is meant for restrictive covenants, which are not relevant in this case.
Option (C) is also not applicable as a Class C(iv) land charge is meant to protect an estate contract, which is not relevant to this scenario.
Option (D) is incorrect because a caution against first registration is meant to notify the owner of an interest in unregistered land when the title is submitted for first registration. Although the title in this case is unregistered, the correct protection for the matrimonial home is a Class F land charge.
Option (E) is also not applicable as a Class C(i) land charge is meant to protect a puisne mortgage.