Family Law Declarations and Registration of Title – clarification

The Conveyancing Committee published a practice note in the August 2018 eZine and August/September 2018 issue of the Gazette on Family Law Declarations and Registration of Title, recommending that practitioners continue to obtain family law declarations and keep them with the title deeds to a property, even though the PRA may not require them for registration purposes.

The final paragraph of the practice note confirmed that the Society’s standard Requisitions on Title would continue to raise requisitions on title in relation to the Family Home Protection Act 1976, the Family Law Act 1995 and the Family Law (Divorce) Act 1996 as family law issues continue to be a matter of title and title registration. 

This paragraph overlooked listing the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. 

It is confirmed that the 2018 practice note also applies to the shared home and that the 2019 Requisitions on Title have taken account of the shared home and the 2010 Act.