Vines Legal's A-Z of All things Family and Matrimonial; H for Home Rights

Welcome to our Alphabet Information Series.  Today’s topic is H for Home Rights.

Home Rights Notice 

For most people, the home that they share with their spouse or civil partner, and possibly children, will be their single most valuable asset. It is very common for people to panic when a marriage or civil partnership breaks down if the property is held solely in the name of your spouse or civil partner. This can leave some people feeling extremely vulnerable and worried about what their rights are. At the very least, you will have matrimonial home rights in the property, which mean that you are allowed to occupy the property without being disturbed.

If you are married or in a civil partnership and the family home is held in the sole name of your spouse or civil partner if the relationship ends you should consider registering your “home rights”.

But what are home rights?

Matrimonial home rights, are a statutory right to protect your interest in the home you lived in when you were married or in a civil partnership, but where you do not own the property.

If you do not own a share in the matrimonial home, whilst you sort out your matrimonial finances, you can register a caution at HM Land Registry which will be placed on the title register of the property. You will then be protected from your spouse or civil partner; selling, transferring or mortgaging the property, without your consent. A Home Rights Notice permits the occupation of a property, but it does not give any actual right of ownership to it.

The matrimonial home rights notice would be removed once you were divorced, but at that point you should already have dealt with the financial aspects of the divorce meaning that the notice would no longer be required.   

If you would like to discuss your matrimonial home rights, then please do not hesitate to contact us on 01246 555610.