Section 5: Cancellation of registration after termination of marriage, etc. 1972 c. 61., Matrimonial Homes Act 1983

Where a spouse’s rights of occupation are a charge on an estate in a dwelling house and the charge is registered under section 2 of the Land Charges Act 1972 or section 2(8) above, the Chief Land Registrar shall, subject to subsection (2) below, cancel the registration of the charge if he is satisfied—

by the production of a certificate or other sufficient evidence, that either spouse is dead, or

by the production of an official copy of a decree of a court, that the marriage in question has been terminated otherwise than by death, or

by the production of an order of the court, that the spouse’s rights of occupation constituting the charge have been terminated by the order.

Where—

the marriage in question has been terminated by the death of the spouse entitled to an estate in the dwelling house or otherwise than by death, and

an order affecting the charge of the spouse not so entitled had been made by virtue of section 2(4) above,

then if, after the making of the order, registration of the charge was renewed or the charge registered in pursuance of subsection (3) below, the Chief Land Registrar shall not cancel the registration of the charge in accordance with subsection (1) above unless he is also satisfied that the order has ceased to have effect.

Where such an order has been made, then, for the purposes of subsection (2) above, the spouse entitled to the charge affected by the order may—

if before the date of the order the charge was registered under section 2 of the Land Charges Act 1972 or section 2(8) above, renew the registration of the charge, and

if before the said date the charge was not so registered, register the charge under section 2 of the Land Charges Act 1972 or section 2(8) above.

Renewal of the registration of a charge in pursuance of subsection (3) above shall be effected in such manner as may be prescribed, and an application for such renewal or for registration of a charge in pursuance of that subsection shall contain such particulars of any order affecting the charge made by virtue of section 2(4) above as may be prescribed.

The renewal in pursuance of subsection (3) above of the registration of a charge shall not affect the priority of the charge.

In this section “prescribed” means prescribed by rules made under section 16 of the Land Charges Act 1972 or section 144 of the Land Registration Act 1925, as the circumstances of the case require.

Section 5: Cancellation of registration after termination of marriage, etc. 1972 c. 61.

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