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hb and family charge home rights interest
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
No I don’t think it’s a financial interest: it’s a personal right that cannot be transferred as I understand it.
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.