The Land Registration (Matrimonial Home Rights) Rules 1997

Explanatory Note

(This note is not part of the Rules)

These Rules, which replace the Land Registration (Matrimonial Homes) Rules 1990:

(a) prescribe the forms to be used and the evidence to be provided when applying to register a notice, or renew a registration of a notice or caution, in respect of matrimonial home rights under the Family Law Act 1996 (c. 27) (which Act, amongst other things, re-enacts with amendments the provisions of the Matrimonial Homes Act 1983 (c. 19));

(b) prescribe the form of application for an official search in respect of matrimonial home rights by a mortgagee of registered land for the purpose of section 56(3) of the 1996 Act (in connection with the mortgagee bringing an action in any court for the enforcement of his security over land which consists of or includes a dwelling-house) and the form and contents of the official certificate of result of search;

(c) provide that, in addition to applications in documentary form or in addition to or instead of issuing an official certificate of result of search in documentary form, during the currency of any notice given pursuant to rules 6(2)(b), 7(1)(c) or 8 and subject to and in accordance with the limitations in that notice, an application for an official search or official certificate of result of search or information, as appropriate, may be made, issued or given by any other means of communication.