Family Law Act 1996

[tooj]

My daughter's marriage is now a disaster. She has a house in her name and pays all the mortgage repayments but we now find that her husband has given notice of home rights under the Family Law Act 1996 in favour of the spouse.
He now claims the house is his. Can anyone explain in words of one syllable what his rights are under this act please. We are extremely worried as he's making he life a misery.
Thank you

[ToraToraTora]

go to CAB, it cannot be this simple and one sided, he can't just claim the place for a start the lender would have objections.

[CheekyChops]

There is some info on the act here: http://www.beckettllp.com/home-rights/

It looks to me like he has probably just registered the fact that he has a right to live in the matrimonial home. It means that your daughter can't sell it and turf him out. I would suggest that she sees a solicitor ASAP.

[EDDIE51]

Yes Solicitor ASAP , too many factors to consider on here.

[Peter Pedant]

The point is to protect the rights of the non owning spouse when the house is owned by the partner in this case your daughter

https://www.irwinmitchell.com/about-us/newsletters/im-on-the-money/im-on-the-money-issue-ten/home-rights-notices-what-is-the-point

the non owner cannot possibly have done this by himeself and so must have a lawyer and it is time for your daughter to seek advice as well
( yeah blah blah blah it is all money and the money is better spent on the kids etc etc but she is where she is)

[tooj]

Thanks for the replies. We do have trouble, it seems wrong that she can't sell her ' own' house that she is paying the mortgage for herself.

[Peter Pedant]

Oh... if that is what she is planning I am not surprised she has a notice served on her that is not quite the legal position

if she didnt want to give him rights consequent on marriage then erm she shouldnt have married him

I got married to stop my rapacious and greedy relatives turning the now spouse onto the street in the event of my death - they had had form on this as in "I have worked hard for this out you go!"