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 matrimonial 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 does a Matrimonial Home Rights Notice do?
It 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.
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 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 matrimonial home rights in some cases through a Continuation Order, even after a divorce is finalised.
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 matrimonial home rights at any point during the marriage or civil partnership.
What are the consequences of not registering matrimonial home rights?
Not registering matrimonial home rights 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.
It’s important to note that matrimonial home rights do not apply to unmarried cohabiting couples.