Home Rights Notices in Divorce and Civil Partnership Dissolutions

During a divorce or civil partnership dissolution, the family home often represents the most substantial shared asset. When the property is legally owned by just one partner, this can create challenges for the other partner who may also have been living there.

In these situations, registering a Home Rights Notice can protect the non-owning partner’s right to remain in the family home until financial and legal matters are resolved. It also helps prevent the property from being sold or mortgaged without their knowledge.

Understanding how and when to use a Home Rights Notice can be crucial to safeguarding your interests during a separation.

Why Might a Home Be Legally Owned by Just One Partner?

There are various reasons why only one person may hold legal ownership of the family home, such as:

• The property was acquired before the marriage or civil partnership began.
• Only one partner qualified for a mortgage at the time of purchase.

What is a Home Rights Notice?

In England and Wales, a Home Rights Notice (previously known as a Matrimonial Homes Notice) is a legal tool that helps protect the occupancy rights of a non-owning spouse or civil partner. If one party continues to reside in their partner’s property during a divorce or dissolution, the notice ensures their right to remain is acknowledged. Even if the non-owning spouse moves out, a Home Rights Notice signals to any potential buyer or lender that the non-owning party may have a claim to the property, complicating any sale or transfer without their involvement.

How Does a Home Rights Notice Work?

Registered with the Land Registry, a Home Rights Notice prevents the property from being sold, transferred, or mortgaged without the knowledge of the non-owning partner. It does not alter the legal ownership but:

• Confirms the non-owning partner’s right to occupy the home.
• Ensures that the owner cannot deal with the property (e.g., by selling or remortgaging) without addressing the non-owning partner’s interest.

Why Consider a Home Rights Notice?

During separation, the non-owning partner retains the right to live in the home until financial arrangements are settled. Without a Home Rights Notice, the owner could sell the property, potentially leaving the non-owning partner without a home and complicating financial negotiations.

By registering a Home Rights Notice, anyone searching the Land Registry records—such as potential buyers or mortgage lenders—will see that the non-owning partner has a potential interest in the property.

HM Land Registry’s Free Property Alert Service

Additionally, HM Land Registry’s free Property Alert service allows non-owning spouses to monitor up to 10 properties. If there’s any significant activity, like a new mortgage application, you’ll receive an email alert. Although this service doesn’t replace a Home Rights Notice, it provides extra peace of mind by alerting you to potential changes that could affect your rights.