Home Rights Notice

If your marriage is breaking down and your spouse owns the property in their sole name you should register a home rights notice at the land registry and it is advisable to seek legal advice at an early stage to ensure that your interests are properly protected.

Home rights notice. Practical law resource id a 008 6484 approx. Whilst spouses automatically gain matrimonial home rights upon entering into marriage a common difficulty is that 3rd parties such as potential buyers of the matrimonial home would be unaware of these rights. If as a spouse or civil partner you do not legally own a share of the property you live in with your respective spouse or civil partner you can protect your potential share in the property by way of a notice known as the matrimonial home rights notice. The charging order was registered first and the home rights notice second.

No answer to a question is legal advice and no lawyer client relationship is created between the person asking the question and the person answering it. You can file a matrimonial home rights notice with hm land registry to protect your interests against any attempt made by your former partner to sell transfer or mortgage your former. Matrimonial home rights notice. Protect your right to live in a registered or unregistered property owned by your spouse or civil partner during a divorce or separation getting home rights after a continuation order.

Z has secured an order for sale of the property and applied to the court for an order for possession. The civil procedure rules 55 10 require notice of any possession proceedings to be served on the person with the benefit of a home rights notice within five days of the claimant receiving notice of the hearing date. What is the effect of the home rights notice. Register a home rights notice.

How do you remove a matrimonial homes rights notice. B has registered a home rights notice at the land registry to protect her interest in the property. This is because the title deeds for the home would not automatically state that there is a spouse in. Use this form to apply to register a notice protecting your rights to occupy the matrimonial or civil partnership home.

A matrimonial home rights notice allows you to continue occupying your family home during divorce or separation proceedings even if you do not own the property. Fee and address send the completed form with the correct fee to our standard.