Matrimonial home and prevention of being excluded from it – s30 FLA
FLA S30: NOTE: can also use this procedure if owning spouse is going bankrupt to protect against creditors.
If a spouse is not a legal owner of the MH (and whether they have an equitable interest or not has protection from being
excluded or the other party selling the MH under s30 FLA.
To be evicted – the other party would need leave from the court under s33.
The property concerned must also have been the MH at some point.
APPLY.
NOTE: the rights end if the owning spouse dies / grant of decree absolute – but court can extend the right to last beyond this
under s33(5).
What can the non-owning spouse do?
Of course, as there are children, the court will consider their needs – having a home being a vital one (s30(6)).
The non-owning spouse should check to see whether the MH is registered or not and make sure that their rights under s30
are registered to alert potential buyers that there are occupants in the property. To find out whether it is registered a n Index
Map Search can be carried out.
If the property is registered – an agreed notice (does not mean owner gave consent btw) should be noted on to the register.
If the property is unregistered, a Class F land charge will need to be registered against the name of the owning spouse.
APPLY
NOTE: s30(3) means the mortgage lender must accept payments from the non-owner.
Additional options:
Injunction: - can be used also if ‘x’ threatens to sell property/business/shares…
Under s37(2)(a) – can seek an injunction from the court to prevent the owner from selling the property.
To apply – Applicant must have first applied to the court for financial relief (lump sum/property adjustment order…)
The court would grant this if: Court thinks owner is about to make a disposal with the intent of defeating or frustrating the
financial application
APPLY – applicant must show evidence that disposal is about to happen, and that injunction is not just a precautionary
measure. If matters are urgent / notice would make owner take steps to deal with property – can apply without notice.
+ state in the prayer of the application state that they have applied for a financial order too.
Pending Land Action:
The non-owner could also register a pending land action which would mean that any dealing with the property will be altered
to the non-owner
What can the non-owner do if sale has already taken place:
If the sale has already occurred – s37(2)(b) allows the court to grant an injunction which would set aside the sale as a
‘reviewable disposition’ done with the intention to frustrate or defeat a financial application.
A disposition will be reviewable unless:
It was made to valuable consideration to a bona fide purchaser
o A transaction can still be valuable consideration if it was at undervalue so long as it is not purely nominal
o If the disposition took place less than 3 years before the application – malicious intention will be presumed.
APPLY – apply all three bullet points.
NOTE: even if the purchaser is bona fide – if the owner had bad intent = can be set aside.
If disposition is made after financial orders have been made:
If ‘x’ has made a reviewable disposition with the intention of avoiding the enforcement/not obeying the order – this
disposition can be set aside under s37(2)(c).
‘x’ gives their sister £100,000 to avoid paying the lump sum to ‘y’.
FLA S30: NOTE: can also use this procedure if owning spouse is going bankrupt to protect against creditors.
If a spouse is not a legal owner of the MH (and whether they have an equitable interest or not has protection from being
excluded or the other party selling the MH under s30 FLA.
To be evicted – the other party would need leave from the court under s33.
The property concerned must also have been the MH at some point.
APPLY.
NOTE: the rights end if the owning spouse dies / grant of decree absolute – but court can extend the right to last beyond this
under s33(5).
What can the non-owning spouse do?
Of course, as there are children, the court will consider their needs – having a home being a vital one (s30(6)).
The non-owning spouse should check to see whether the MH is registered or not and make sure that their rights under s30
are registered to alert potential buyers that there are occupants in the property. To find out whether it is registered a n Index
Map Search can be carried out.
If the property is registered – an agreed notice (does not mean owner gave consent btw) should be noted on to the register.
If the property is unregistered, a Class F land charge will need to be registered against the name of the owning spouse.
APPLY
NOTE: s30(3) means the mortgage lender must accept payments from the non-owner.
Additional options:
Injunction: - can be used also if ‘x’ threatens to sell property/business/shares…
Under s37(2)(a) – can seek an injunction from the court to prevent the owner from selling the property.
To apply – Applicant must have first applied to the court for financial relief (lump sum/property adjustment order…)
The court would grant this if: Court thinks owner is about to make a disposal with the intent of defeating or frustrating the
financial application
APPLY – applicant must show evidence that disposal is about to happen, and that injunction is not just a precautionary
measure. If matters are urgent / notice would make owner take steps to deal with property – can apply without notice.
+ state in the prayer of the application state that they have applied for a financial order too.
Pending Land Action:
The non-owner could also register a pending land action which would mean that any dealing with the property will be altered
to the non-owner
What can the non-owner do if sale has already taken place:
If the sale has already occurred – s37(2)(b) allows the court to grant an injunction which would set aside the sale as a
‘reviewable disposition’ done with the intention to frustrate or defeat a financial application.
A disposition will be reviewable unless:
It was made to valuable consideration to a bona fide purchaser
o A transaction can still be valuable consideration if it was at undervalue so long as it is not purely nominal
o If the disposition took place less than 3 years before the application – malicious intention will be presumed.
APPLY – apply all three bullet points.
NOTE: even if the purchaser is bona fide – if the owner had bad intent = can be set aside.
If disposition is made after financial orders have been made:
If ‘x’ has made a reviewable disposition with the intention of avoiding the enforcement/not obeying the order – this
disposition can be set aside under s37(2)(c).
‘x’ gives their sister £100,000 to avoid paying the lump sum to ‘y’.
