Matrimonial home rights cautions
Matrimonial home rights cautions20
1
The registrar shall not be required, on the application of the proprietor of the registered estate affected, to serve the notice referred to in rule 223 of the 2003 Rules in relation to a matrimonial caution except upon production of—
a
a release in writing of the matrimonial home rights protected by the matrimonial caution, or
b
a statutory declaration that, as to the whole or any part of the land to which the matrimonial caution relates, no charge under section 2 of the Matrimonial Homes Act 196711, section 2 of the Matrimonial Homes Act 198312 or section 31 of the Family Law Act 199613 has ever arisen or, if such a charge has arisen, it is no longer subsisting.
2
In this article “matrimonial caution” means a caution registered under section 2(7) of the Matrimonial Homes Act 1967 before 14th February 1983 which remains in the register after commencement.