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Matrimonial and bankruptcy

 

Matrimonial homes rights search MH3

The matrimonial home rights search is made following the Family Law Act 1996 to protect the rights of a spouse who has an interest in a registered matrimonial home, and whose name does not appear on the property register. The Land Registry will advise the other spouse (or former spouse) of the application and a note of the search is made on the register with a certificate sent to the applicant.

HMLR land charges – bankruptcy (form k15)

The registration of a bankruptcy petition, receiving order or deed of arrangement lasts for a period of 5 years, after which the registration lapses if not renewed.

Where a full search against the name of an individual is made on form K15, bankruptcy entries will automatically be revealed in the certificate of result of the search irrespective of the description of the land or period of ownership included in the search application.

A solicitor who is acting for a proposed mortgagee will usually be required to obtain a clear certificate of search against the name of the borrower before the mortgage funds are released to the borrower. Such a search may be made on the form K15, in which case the period to be searched should be stated as the current year only.

Where the mortgagee’s solicitor is also acting for the buyer of unregistered land, it will probably be convenient to simply add the buyer/borrower’s name to the end of the full K15 search which he is making in the course of his investigation of title.

HMLR L and Y charges – bankruptcy (form k16)

Where a bankruptcy only search is required, form K16 should be used. This will reveal petitions in bankruptcy, receiving orders in bankruptcy and deeds of arrangement. The certificate of result of search will also include other entries not necessarily confined to bankruptcy held in the same register, eg petitions and writs relating to court proceedings affecting land.

 

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