Matrimonial Home Rights Notices

During a divorce or civil partnership dissolution, a dispute about the property you live in will be very worrying. To help protect your rights to occupy or share in the value of your shared home during this time, you should consider a Matrimonial Home Rights Notice. This article explains what a Matrimonial Home Rights Notice is, how it works, and the practicalities of getting or removing one.

A Matrimonial Home Rights Notice will stop the legal owner of a solely owned property from selling, transferring, or mortgaging the property without the knowledge or consent of the non-owning partner. It is a way of protecting the rights of a spouse or civil partner who does not own or have their name on the property title. This is a useful way to protect your potential financial or residency rights during legal proceedings.

A Matrimonial Home Rights Notice is registered with the Land Registry and creates a legal restriction on the property’s title. Anyone searching for the property title will be alerted that another person has a declared interest in the property. For example, if the property owner attempts to sell or re-mortgage the home, the Notice means the transaction cannot proceed without addressing the interest of the person who lodged the Notice.

You would get a Notice if your name is not on the title deeds of the property but you live there as part of your marriage or civil partnership. This will mean you are not forced out of the shared home during divorce proceedings and helps secure your share of the property’s value during your financial settlement.

You need to complete and submit a form HR1 to the Land Registry. You provide proof of your marriage or civil partnership and details of the property. Complete the form and send it to the Land Registry for processing. Once registered, you receive a confirmation and the legal restriction will take effect.

Currently there is not a fee to register a Home Rights Notice. This means that it a cost-effective way to protect your interests in your shared home during your divorce or civil partnership dissolution proceedings.

A Matrimonial Home Rights Notice remains in place until the divorce or civil partnership dissolution is finalised, financial matters are resolved, a court order removes the notice, or the registered party withdraws the notice. It is important to update or remove the notice when appropriate, as leaving it in place unnecessarily can complicate future property transactions.

A Matrimonial Home Rights Notice does not prevent the sale or transfer of the property. However, it does make the process much more difficult. A mortgage lender or buyer will normally require that the notice is resolved before proceeding with the transaction.

To remove a Home Rights Notice, you can cancel it by completing and submitting a form HR4 to the Land Registry. The property owner can also apply to the court to have the notice removed if they think it is no longer relevant or valid. The court will decide whether the notice is still necessary.

A Matrimonial Home Rights Notice is an important way to protect your property and residency rights during divorce or civil partnership dissolution. While the process of registering a notice is straightforward, its implications and understanding your rights can be complex. Speak to a family law solicitor to ensure that your property interests are fully protected.

As leading family lawyers in Milton Keynes, we are experienced at helping our clients with property disputes during divorce. Contact us to get the advice you need to move forward with confidence. In addition to our head office in Milton Keynes, we also have solicitors in Bicester, divorce lawyers in Watford, and Central London. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.