Family Law Act 1996

Posted on 20 August 2010 by innes armstrong


My wife and I separated 3 yrs ago and she has applied to the Land Registry under LRA 2002 to protect home rights under FLA 1996. First what does this mean and secondly, if I sell the house of which I am the sole name on the mortgage will she be due any of the profits?

Innes

It sounds like your wife has applied to the Land Registry to protect her right of occupation in respect of your matrimonial home. The FLA 1996 protects her against anyone who might acquire an interest in the matrimonial home, such as a purchaser, and ensures they cannot force her out of it.

This will make it very difficult for you to agree a sale without her knowledge and agreement, but does not necessarily mean she will be entitled to any of the sale proceeds.  I recommend that you seek your own independent legal advice before deciding how to proceed.

The Land Registry has an excellent selection of documents covering this issue within the Public Guides section of their website:

Peter

www1.landregistry.gov.uk/publications/

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