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hb and family charge home rights interest

LJF
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Benefits caseworker - Manchester Citizens Advice Bureau

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Total Posts: 143

Joined: 12 July 2010

anybody know how a home rights interest on land register would affect entitlement to hb when living in another property? this wouldn’t be a financial interest would it?
thanks

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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No I don’t think it’s a financial interest: it’s a personal right that cannot be transferred as I understand it.

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Home rights are occupation rights under the Family Law Act 1996 and do not of themselves create beneficial interests in property.  The legal presumption with couples at the beginning of the conveyance is a 50/50 split in the beneficial interest.  This presumption can be rebutted by evidence of the intentions of the parties at the time of the conveyance and subsequent behaviour.  For modern day conveyances there should be some entry on the land registry as to this.