What Are My Matrimonial Home Rights?

Your matrimonial home rights mean that if you are married or in a civil partnership, you have the right to live in your family home, even if it is not in your legal name. As such, you cannot be forced to leave your family home while you remain married unless there is a court order (Occupation Order) requiring that you leave the property. In this article, we will explain all that you need to know about your matrimonial home rights in the UK.

What are matrimonial home rights?

The Family Law Act 1996 (FLA 1996) states that a spouse is entitled to continue to occupy their family home while they remain married if they are not the sole or joint owner of the property. As such, they have the right not to be evicted or excluded from the property or any part of it, unless the court determines otherwise; this is referred to as matrimonial home rights. Matrimonial home rights do not provide the right of ownership of the marital home.

It is important to note that where marital property is owned in joint names, both legally and beneficially, by the spouses, there is no need for matrimonial home rights because both partners already have the legal right to occupy the home.

Matrimonial home rights do not apply to cohabitants (i.e. partners who live together but are not married or in a civil partnership). It is, however, possible for a cohabitant without the right to occupy the home they share with their partner to apply for the right to occupy.

A person with matrimonial home rights has:

A right not to be evicted or excluded from the property, except with the leave of the court given by an order under section 33 of the FLA 1996.

A right, if not living in the property, to enter into and occupy the property.

A right to be given notice of any mortgage possession proceedings and, with leave of the court, to take part in those proceedings.

The right to have mortgage or rent payments they make treated as if those payments were made by the owning or tenant spouse.

When do matrimonial home rights end?

Matrimonial home rights specifically to:

Spouses where no divorce Final Order to dissolve the marriage has been made by the family court, and

Property that has been occupied as the matrimonial home.

This means that even if you are going through divorce proceedings, your marital home rights still apply in relation to your matrimonial home up to the point where the court issues your Final Order (previously called the decree absolute), legally bringing your marriage to an end.

Matrimonial home rights also come to an end on the death of the other spouse, by order of the court, or if the spouse voluntarily gives up their right in writing.

Why should I register my matrimonial home rights?

Many spouses overlook the need to register their matrimonial home rights, opening them up to the possibility of the family home in which they live being sold without their agreement or knowledge. This is especially problematic in the event of divorce, where the owning partner may seek to sell the property without the consent of the non-owning spouse. This is why it is important to register your matrimonial home rights with the Land Registry.

By registering your matrimonial home rights with the Land Registry, the property cannot be sold without your consent or knowledge. If the owning spouse attempts to sell or remortgage your family home, any prospective buyer would automatically be alerted of your interest in the property. Remember, you do not need the consent of your spouse to register your matrimonial home rights.

How do I register my matrimonial home rights?

Before registering your matrimonial home rights, it is important to check on the legal ownership of the property. There are two ways to register your matrimonial home rights: one way if the property is registered with the Land Registry, and another way if your property is not registered, as follows:

Registering matrimonial home rights for a registered property

To register your home rights with the Land Registry, you will need to:

Complete the notice of home rights: registration (form HR1)

Post the form to the Land Registry (there is no fee to pay)

Note that the majority of homes are registered.

Once processed by the Land Registry, your interest in the property will noted on the Land Registry title deed, alerting any potential buyers in the future. You will receive a registration notification confirming that your home rights have been registered.

Registering matrimonial home rights for an unregistered property

To register your home rights if your family home is unregistered, you will need to:

Complete the Class F Land charge registration application form (K2)

Post the form to the Land Charges Department and pay a fee of £1

Once processed by the Land Charges Department, a land charge will be registered against the property. This will show on any property searches carried out on the property in the future, alerting the lender or buyer to your interest.

Final words

Matrimonial home rights give married spouses without an ownership stake in the family home in which they live shelter and security, which is especially important in the event of divorce or dissolution. Many spouses in this position are, however, unaware of the importance of registering their home rights with the Land Registry or Land Charges Department to ensure that their home cannot be sold by the owning spouse without their agreement.

Pearcelegal has a dedicated team of family law Solicitors who provide practical legal advice and support on marital home rights, divorce, and all other family law matters. To make an appointment, please contact us on 0121 270 2700 or enquire through our contact form.