SCHEDULES

SCHEDULE 4 Provisions supplementary to sections 30 and 31

Release of F5home rights

Annotations:
Amendments (Textual)

5

1

A F1spouse or civil partner entitled to home rights may by a release in writing release those rights or release them as respects part only of the dwelling-house affected by them.

2

Where a contract is made for the sale of an estate or interest in a dwelling-house, or for the grant of a lease or underlease of a dwelling-house, being (in either case) a dwelling-house affected by a charge registered under section 31(10) or under section 2 of the Land Charges Act 1972, then, without prejudice to sub-paragraph (1), the F2home rights constituting the charge shall be deemed to have been released on the happening of whichever of the following events first occurs—

a

the delivery to the purchaser or lessee, as the case may be, or his F3legal representative on completion of the contract of an application by the spouse F4or civil partner entitled to the charge for the cancellation of the registration of the charge; or

b

the lodging of such an application at Her Majesty’s Land Registry.