In the United Kingdom, matrimonial home rights provide spouses or civil partners with important protections in relation to the family home. Here are the key points about home rights:
What are Matrimonial Home Rights?
Matrimonial home rights apply automatically to married couples and civil partners. They refer to the legal right of a non-owning spouse or civil partner to occupy the family home even though the matrimonial home is owned by the other spouse in their sole name.
Matrimonial home rights are particularly important during separation, divorce, or dissolution for the following reasons:
- They ensure neither party nor dependent children are left homeless during proceedings.
- They prevent the sale of the property without the non-owning party’s consent.
- They provide security while negotiations about the division of assets are ongoing.
What is the matrimonial home?
If a couple owns multiple properties, which one of those is the matrimonial home in law?
The matrimonial home refers to the property where a married couple or civil partners live together as their main residence. This is the property that matrimonial home rights apply such as the right to occupy the property, even if the property is in the name of one party.
It is important to note that matrimonial home rights can only apply to one property, which should be the main family residence.
What is notice of matrimonial home rights?
A notice of home rights prevents the property owner from selling or remortgaging the family home without the knowledge and consent of the spouse with the Home Rights Notice. A non-owning party’s occupancy rights are protected until the divorce or dissolution proceedings are finalised.
The notice remains in effect until the home rights cease, typically through divorce, dissolution, court order, or death of either spouse.
The Notice can only be applied to a property where the spouse is living or intends to live.
The family home is in my spouse’s sole name – what are my rights?
The family home is considered a matrimonial asset, regardless of whose name is on the deeds. During a marriage, both spouses have the right to occupy the family home. The non-owning spouse’s rights are:
- To live in the family home.
- The right to a share of the net equity in the family home.
- The right to prevent a sale of the home until a financial agreement is reached in the divorce.
This right can be protected by registering a Matrimonial Home Rights Notice. It is important to note that it is possible to register home rights at any point during the marriage or civil partnership.
My spouse has changed the locks what are my rights to the marital home?
As a married couple, both spouses have the legal right to enter and occupy the marital home, regardless of who owns it. Unless you have consented to the locks being changed, or there is a court order excluding you from entering the property – a person should not unilaterally change the locks.
If a person has been excluded from their home without their consent or a court order, they are entitled to hire a locksmith to regain entry. They may also apply to the courts for an Occupation Order to enforce their right to enter, occupy, and remain at the property.
How do I register a matrimonial home right?
The process to register a matrimonial home right differs according to whether the property is registered or unregistered.
For a registered property, you need to complete a form HR1 – Notice of Home Rights – and submit it to the Land Registry.
For an unregistered property, you need to complete the K2 form, and send it to the Land Charges Department.
Once the registration is complete, any potential buyers or lenders will be alerted that you have a right to occupy the home as the non-owning spouse. This protects you from being unfairly evicted or the property being sold without your consent if your marriage or civil partnership breaks down.
Does divorce affect matrimonial home rights?
A Final Divorce Order (previously known as Decree Absolute) in divorce does affect rights, in particular rights over occupancy and ownership. Matrimonial home rights and protection officially end upon receiving a Final Order unless you obtain a court order to extend them.
Once a divorce is finalised, a person will no longer have the automatic right to occupy the family home if it is solely owned by their ex-spouse. It is therefore a good idea to reach a court approved financial settlement as part of the divorce BEFORE legally applying to end your relationship.
Courts can also extend home rights in some cases through a Continuation Order, even after a divorce is finalised.
How long do matrimonial home rights last?
Matrimonial home rights typically end when one of the following events happens:
- The end of a marriage or civil partnership upon the pronouncement of the Final Order of divorce.
- The death of a spouse.
- A court order ending the matrimonial home rights, such as when a Judge grants exclusive occupation to one spouse.
- The voluntary agreement of both parties who agree to terminate the rights.
What are the consequences of not registering a Home Rights notice?
Not registering a notice can have several detrimental consequences for the non-owning spouse which include:
- Lack of legal protection to occupy the family home.
- Limited bargaining power in negotiations.
- The risk of being made homeless as the owning spouse can sell or remortgage the property without the non-owning spouse’s consent or knowledge.
- Without registration, your rights are not protected against third parties. Accordingly, you will not receive any notification of any property changes such as an attempt to remortgage or sell the property.
- Without registering home rights, the non-owning spouse will find it difficult to prevent or delay the sale of the property. This in turn could lead to financial loss if the property is sold.
Can I register a Home Rights Notice if I am not married?
Unless you are married or in a civil partnership, you cannot register a Home Rights Notice. Home Rights Notices are designed to protect the rights of a non-owning spouse or civil partner to live in the family home.
An unmarried person has limited rights to a property in their partner’s sole name, unless they can prove an interest in the property through financial contributions, or a written agreement.