For most people, the property treated as the family home during their marriage/civil partnership will be their most valuable asset, and both parties will have the right to occupy the property during the marriage/civil partnership.
However, if that property is owned by one spouse in their sole name, the non-owning party will need to take steps to protect their interest in the house and the right to live there – especially in the event of a separation, divorce or dissolution. You can do this by registering your Homes Rights with the Land Registry to ensure your rights are protected.
It is important to seek advice at an early stage following your separation to decide whether you need to apply for Home Rights or other sort of protective measures. Our Family Law Team at E J Coombs Solicitors would be happy to help you and ensure the necessary protections are in place.
Registering a Home Rights Notice
The process of registering your Home Rights is fairly straight forward, and involves an application being made to the Land Registry.
There are different ways to register Home Rights depending on whether the property is registered or unregistered property, but nowadays most properties are registered.
It is important to be aware that your spouse will be notified of your application to register your Homes Rights by the Land Registry.
Effect of A Homes Rights Notice
Essentially, registering your Homes Rights with the Land Registry enters a form of ‘restriction’ on the title of the property.
Registration of the Notice does not prevent your spouse from selling the property. However, if your spouse tries to sell or re-mortgage the property before a decision has been reached between you as to the division of your assets the warning on the property Register will be make any prospective buyers aware of your interest in the property and the transaction would not be allowed to proceed until this is officially removed.
Once registered, the Home Rights Notice also protects your right to continue living in the family home and you cannot not be made to leave unless there is an Occupation Order made by the court stating that one spouse must leave the home. Regardless of who owns the property (or whether this is rented), both parties will have a right to occupy the property until a Financial Order has been made by the court in Divorce/Dissolution proceedings.
In summary, a Home Rights Notice exists to protect the ‘non-owning’ spouse’s interest in property.
When Do My Homes Rights Come To An End?
The Home Rights once registered will remain on the property whilst you negotiate with your spouse and agree what should happen to the property. The Notice can only be removed upon the following events:
- The Final Order (previously Decree Absolute) in Divorce/Dissolution proceedings being granted;
- The death of either person; or
- The non-owning spouse applying to the Land Registry to remove the Home Rights Notice.
We’re here to help, so if your relationship is ending and you are concerned because your spouse owns the home in their sole name, please get in touch so we can help protect your Home Rights. You can contact us at enquiries@ejcoombs.co.uk or call 01245 221699 and one of our dedicated team will be happy to help with your enquiry.
