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What is the effect of a home rights notice where there are ongoing divorce and financial remedy proceedings and a creditor of one of the parties obtains an order for possession of the former matrimonial home?
Resource type: Ask
The matrimonial home is owned by spouse A and is registered in A's sole name. A holds all the beneficial interest in the property. Spouse B and the children reside in the property. Z obtained judgment against A in respect of a debt. Z obtained a charging order against A's interest in the property. The benefit of the charging order has been noted against the title of the property. A and B are engaged in divorce proceedings. No financial settlement has been agreed or ordered. B has registered a home rights notice at the Land Registry to protect her interest in the property. The charging order was registered first and the home rights notice second. Z has secured an order for sale of the property and applied to the court for an order for possession. What is the effect of the home rights notice?
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