It’s important to remember the Home Rights Notice

It’s important not to forget the Home Rights Notice it is a relatively quick and simple step that a non-owning spouse can take to protect themselves on the breakdown of the relationship.

It is not uncommon for married couples to live in a property that is owned in the sole name of one party. If the relationship breaks down, the non-owning spouse can often feel in a vulnerable position.

When couples marry, the Family Law Act 1996 offers protection to the non-owning spouse. If the non-owning spouse is in occupation of the family home, they have a right not to be evicted or excluded from the family home or any part of it unless the other spouse obtains an order from the Court. If the non-owning spouse is not in occupation, then they have a right, with permission from the Court, to enter and occupy the property.

Matrimonial Home Rights apply to a property that is, or has been, the family home or was intended to be the family home. They do not extend to investment properties and cannot be used in relation to more than one property.

If the family home is owned in the sole name of the other spouse they can re-mortgage the property or, in theory, sell it.

It is important that the non-owning spouse registers their Matrimonial Home Rights against the property at the Land Registry. This is a quick and simple step and means that the non-owning spouse will benefit from the protection provided by the Home Rights Notice. 

Matrimonial Home Rights are brought to an end on the conclusion of the divorce (Decree Absolute/Final Order) or on the death of either spouse.  (The Court will, on occasion, grant a continuation order so the Rights continue beyond the divorce concluding). 

The registration of the Home Rights is a relatively quick and simple step that a non-owning spouse can take to protect themselves on the breakdown of the relationship. It does not alter the legal or beneficial ownership of the property but protects them against losing their home following the breakdown of the relationship. It acts as a holding position whilst discussions take place in relation the division of matrimonial assets

How we can help you

To manage your case, our amiable and approachable partners, solicitors, legal executives, paralegals, and secretaries collaborate actively with you. We also specialise in family, matrimonial, and child law, commercial and residential property, medical negligence, wills, tax and probate, and personal injury.

To find out more about our expertise, please call:

01603 214 220