Why it is vital you register your Matrimonial Home Rights Notice if your spouse is the sole owner of your family home
A relationship breakdown can be one of the most painful and difficult times in someone’s life, especially if there are disputes over property. If you are in the process of divorcing your spouse or civil partner, you may worry what that might mean for your rights to live in the family home. But, even if your ex-spouse or civil partner is the sole owner of the property, there are ways you can protect yourself from being forced out.
At Starck Uberoi, our London-based family and divorce solicitors understand how stressful a time this is for our clients and are committed to helping solve as many of our client’s concerns as we can. We can help you understand what your rights are and what you can do to make sure you cannot be forced to leave your home.
Need family law advice? Our experienced solicitors are happy to provide you with a free initial phone consultation. For more information visit Family Law and Divorce.
What were my rights when we got married?
If you and your spouse or civil partner moved into a property that was only owned by one of you, then the other party does not have legal ownership over the property. When you are married or enter your civil partnership, you automatically receive Matrimonial Home Rights, meaning that while you do not own the property, you are legally allowed to live there while you are married or in a civil partnership. However, it is essential you register these rights at the land registry as soon as possible to ensure that should your relationship break down, your spouse cannot sell or mortgage the family home without your consent.
What is a Matrimonial Home Rights Notice?
A Matrimonial Home Rights Notice is a formal document which confirms you have the right to live in the property owned by your married or civil partner. Matrimonial home rights are protected under the Family Law Act 1996 but must be registered on the home rights notice on the land registry to be valid. If you have home rights to your spouse’s property, you cannot be legally forced out of the family home and your ex-partner cannot sell or remortgage the property without your consent. These rights will protect you until your divorce, annulment or dissolution is finalised, though in some cases you may be able to apply for a continuation order if there are disputes over the final settlement. You do not need your partner’s (or ex-partner’s) consent to register your home rights at the property, though the land registry will notify your partner that you have done so.
You can only register your home rights for one property, and it must be the property which was meant to be the family home – this means you cannot register home rights in places you did not plan to live in, such as buy to let properties. The family home does not have to be a house; it can be an apartment, a flat or even a caravan. As long as it was the property in which you and your spouse intended to live in together during your marriage or civil partnership, you can register your home rights there.
Can I still register my property rights if our family home is jointly owned by my spouse and someone else?
If your family home is jointly owned by a spouse and someone else (such as a family member or friend), you may not be able to register your home rights there. These cases can be particularly complicated and will require specialist legal advice – contact us today if you are in this situation.
What can happen if I haven’t registered my property rights?
If your relationship breaks down and you haven’t registered your home rights, by law you have no legal right to live at the property and your ex-partner can force you to leave. They may also sell or mortgage the property without your consent or knowledge, leaving you homeless.
For this reason, it is best to register your home rights as soon as possible to ensure that no matter what happens during your relationship, you can ensure you will never be made homeless in the event of a divorce. You will be required to consult the land registry to register your home rights; for this reason, it is advisable you seek legal advice at this stage. At Starck Uberoi, we have a knowledgeable team of family and divorce solicitors who can help you with this process.
Is there any other way my ex-partner can force me out of the family home?
If you have registered your home rights, the only way in which your ex-partner can force you to move out is by obtaining an occupation order which determines that you have no right to live there.
Occupation orders are intended to protect victims of domestic violence. If you are a victim of domestic abuse and your partner either owns the property you share or has home rights, you can file an occupation order against them to force them to leave. For more information on filing an occupation order, please see the gov.uk website.
However, while your partner can only force revoke your matrimonial home rights this way, the court may revoke them if they were granted for an invalid reason. For example, if the person attempting to register their home rights is doing so for an entirely financial purpose, the court can may remove their home rights.
Will registering my property rights at the family home impact my divorce?
Registering your home rights will not affect the settlement in your divorce. However, matrimonial home rights will be removed once the divorce (or dissolution in the case of a civil partnership) has been finalised, meaning you must have found somewhere new to live by that time. While your spouse can only cancel your home rights at that point or by filing an occupation order, you may cancel your home rights at any point. You may choose to cancel them earlier if you and your partner have come to an agreement about who will remain in the family home.
What protection do my property rights grant me against mortgages?
Although your home rights mean your spouse cannot sell or mortgage the property without your consent, if your home was already mortgaged your lender can still repossess your property should your mortgage fall into arrears.
Payments can be made towards the mortgage by a spouse with matrimonial house rights to prevent it falling into arrears. However, a Suspended Possession Order (SPO) can be issued to the non-owning spouse to make payments towards both the monthly instalments and arrears, which can be costly. It is vital, therefore, for you and your spouse to ensure that the mortgage does not fall into arrears, as it can mean that both of you lose your home.
If you find yourself in a difficult situation concerning mortgages, Starck Uberoi solicitors work under one roof with Starck Uberoi mortgages to combine expert legal advice with effective mortgage solutions. To find out more, visit the mortgages page on our website.
How do I register my matrimonial property rights?
The process differs slightly depending if the property your spouse owns is registered or unregistered. If the land registry holds a register of the family home with details such as who owns the property, it is registered. If these details are not on the land registry, you will have to look at a separate document called the Title deeds to see who technically owns the property.
- Registered property– The majority of properties in England and Wales are registered properties. To register your matrimonial home rights, you must complete a form titled “Notice of Home Rights: Application (HR1)” and send it to the land registry.
- Unregistered property – If the property is unregistered, you will instead need to complete a form ittled “Class F Land Charge Registration: Application (K2)” and send it to the land charges department.
If you aren’t sure whether the property is registered or unregistered, your solicitor can contact the land registry to ask to see the details regarding the property. The process of registering your Home Rights can be intimidating and confusing in many cases. Our Ealing-based team of family and divorce specialist solicitors can assist you with this process and answer any questions you may have.
How Starck Uberoi can help
For more information, please see the Family & Divorce page on our website, or to book an appointment please call 020 8840 6640.
Our solicitors on Brentford High Street, are just a short walk away from Brentford railway station. Our Belgravia solicitors are located Just a 5 minute walk from Victoria tube station in Grosvenor Gardens. Our solicitors located in Ealing London are only a short walk from both Ealing Broadway and South Ealing and our solicitors in Richmond Surrey have the pleasure of overlooking the picturesque Richmond Green. Finally our solicitors in Canterbury Kent are located in the within the UNESCO World Heritage Site of Canterbury Cathedral.
We can also provide a professional Notary Public service at all our offices. For an appointment at any of our offices, email us at solicitor@starckuberoi.co.uk or call 0208 840 6640.
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