Disposal of assets

Preventing the disposal of assets: possible to seek injunction under s37 (2) (a) Matrimonial Causes Act 1973 preventing a party from disposing of property. Although it’s usually easier to protect it by registering a matrimonial home right (s30 Family Law Act 1996).
For a s37 injunction, an application for financial relief under MCA 1973 (for limp sums/property adjustment order) is required. Granting an injunction if other party is about to make a disposition with intent of defeating the claim for financial relief or by impeding its enforcement.

If the disposition is already made, under s37 (2) (b) a court can set aside the disposition unless made to a bona fide purchaser.

Matrimonial home rights (s30 FLA 1996) protect a non-owning spouse against eviction from the matrimonial home. Which terminate upon the death of the owning spouse, unless directed by the court to continue beyond this even (s33 (5) FLA). Matrimonial home rights should be registered thereby binding any subsequent buyer.
A search by Index Map search @ Land Registry will reveal if the property is registered at which point an “agreed notice” should be placed on the register. If unregistered a Class F land charge should be registered against the name of the owning spouse.
Under s30(3) FLA a lender is obliged to accept payment from a non-owning spouse (also applies to rent payments). Once the matrimonial home rights have been registered they are binding on trustee in bankruptcy and on creditors. Although the trustee may apply to the court to have these rights terminated.

Pending Land Action: can be done once proceedings have commenced in relation to property. A request for a property adjustment order in the prayer of the petition is effective beyond the termination of marriage.
REGISTERED LAND – Unilateral notice in the proprietorship register.

1. Check to see if its registered via an Index Map Search.
2. Register an agreed notice in the Charges Register.

UNREGISTERED LAND – Registering a pending action against the name of the owning spouse. This prevents new deals with the property taking place without the non-owning spouse finding out.