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Registering a Matrimonial Charge against a property
When the matrimonial home is in the sole name of one of the spouses, there may be the danger that that spouse will sell (or borrow money against) the house before the Court is able to make an order to stop this and then disappear with the sale proceeds.
The non owning spouse’s rights in the property can be protected by registering them at the Land Registry which will stop the house being sold or mortgaged against her wishes.
This charge will continue unless discharged until decree absolute. However it is not effective against a bank or building society should they try to seek possession on the grounds that the mortgage is not being paid.
