What are Matrimonial Home Rights?

Matrimonial home rights are legal protections that allow a spouse or civil partner to live in the family home even if they do not own it, and they cannot be evicted without a court order. These rights apply during marriage or civil partnership and are particularly important on separation or divorce, preventing one party from being locked out of the home , or the home being sold or mortgaged behind their back, before financial matters are resolved.

This guide explains what matrimonial home rights are, how to register them at the Land Registry using Form HR1, and when they come to an end.

The importance of understanding Matrimonial Home Rights

Under matrimonial home rights in the UK, both spouses have equal rights to stay in the matrimonial home, regardless of who owns it. This means that even if one spouse is the legal owner of the property, the other spouse has the right to live in the home and cannot be evicted without a court order. These rights apply whether the property is owned outright, mortgaged, rented, or provided by a local authority.

What is the Matrimonial Home?

In the England and Wales matrimonial home refers to the house or property where a couple lives as a married couple or civil partners. Matrimonial home rights are legal rights that protect the non-owning spouse’s right to occupy or stay in the matrimonial home, even if they are not the legal owner. These rights are designed to provide security and protection to the non-owning spouse, especially in cases of divorce or separation.

Matrimonial Home Rights and Privately Owned Property

It is important to note that these rights do not grant ownership rights to the non-owning spouse. They only provide the right to occupy and use the home for a certain period of time. However, these rights can be crucial in ensuring that the non-owning spouse and any dependent children are not left homeless or without a place to live particularly while the decision about what happens to the house post divorce is being negotiated.

Registering Matrimonial Home Rights

A marriage or civil partnership automatically provides matrimonial home rights but to ensure these rights are valid and enforceable it’s really important to officially register these rights at the Land Registry. In addition, by registering your home rights you will be added onto the legal documents for the home. This means that other people and organisations such as banks and people who want to buy the property will know that you have rights. It also means that your spouse cannot sell or mortgage the property without you being informed. If you do not register your matrimonial home rights, then your spouse could sell or mortgage your home without you knowing about it. This may mean that you have to leave the property. It may also restrict your claims for finances on divorce.

How to Register Matrimonial Home Rights

To register matrimonial home rights, you will need to complete a Form HR1. This form can be obtained from the Land Registry website or by visiting a local Land Registry office. The form requires basic information about the property and the parties involved, such as the address of the property, the names of the owners, and the date of the marriage or civil partnership.

Once the form is completed, it should be sent to the Land Registry along with the appropriate fee. The Land Registry will then process the application and register the matrimonial home rights on the property’s title register. This registration serves as a notice to anyone who may have an interest in the property that there are matrimonial home rights in place. The consent of the spouse that owns the property is not required for the registration process (although they will be notified) which allows the non-owning spouse to have peace of mind knowing that they cannot be evicted from the home without a court order.

The process can get complex if the property isn’t registered with the Land Registry or if the owing spouse owns it with another person. In these circumstances, it’s certainly worth seeking the advice of a family law solicitor.

If Matrimonial Home Rights Are Registered Can Eviction Still Take Place?

Matrimonial house rights don’t give unlimited protection. There are certain circumstances in which eviction can still occur, such as:

1. Divorce or dissolution of the civil partnership: If the marriage or civil partnership is dissolved, the court can order the sale of the property, which may result in eviction.
2. Financial settlement: During divorce or dissolution proceedings, the court may consider the financial needs and resources of both parties. If the court determines that it is necessary for one party to vacate the property to achieve a fair financial settlement, eviction may occur.
3. Court order: In exceptional cases, if the court determines that it is in the best interest of the parties involved, they will grant an Occupation Order which states who can, and who cannot, live in the property. Occupation Orders are commonly used in cases of domestic violence.

A family law solicitor should be consulted about occupational home rights because they can provide expert advice and guidance on the legal rights and protections associated with the family home. They can help individuals understand their rights and obligations, negotiate with their spouse or partner, and represent their interests in court if necessary. A solicitor specialising in family law can ensure that the individual’s occupational home rights are protected and that they achieve a fair outcome in relation to the property division.

Frequently Asked Questions

What are matrimonial home rights?

Matrimonial home rights are legal rights that allow a spouse or civil partner to occupy the family home, even if the property is owned solely by the other party. They do not grant ownership, but they mean the non-owning spouse cannot be forced to leave the home without a court order while the marriage or civil partnership continues.

What is a matrimonial home rights notice?

A matrimonial home rights notice is an entry registered against a property’s title at the Land Registry to protect a spouse’s or civil partner’s right of occupation. It alerts anyone dealing with the property — including buyers and mortgage lenders — that another person has rights over the home, helping to prevent it being sold or mortgaged without the non-owning spouse’s knowledge.

How do you register matrimonial home rights?

Matrimonial home rights arise automatically for eligible spouses and civil partners, so there is no separate application for the rights themselves. To protect them, you apply to the Land Registry to enter a home rights notice against the property’s title using Form HR1. A family law solicitor can confirm eligibility and handle the registration for you.

How long does it take to register matrimonial home rights?

The time required depends on Land Registry processing times and the circumstances of the application, but in many cases a home rights notice can be registered within a few weeks. If you are concerned the property may be sold or remortgaged imminently, speak to a solicitor as soon as possible.

Can a property with matrimonial home rights be remortgaged?

Yes, a property subject to matrimonial home rights can still be remortgaged, but a registered notice will affect the lender’s requirements and the transaction process. Lenders will want to understand the nature of any rights affecting the property, so legal advice should be sought before proceeding.

Do matrimonial home rights apply to rented property?

Yes. Matrimonial home rights can apply to rented accommodation as well as owned property, provided it is the matrimonial home and the legal requirements are met. The exact protection available will depend on the tenancy arrangements and the circumstances of the relationship.

How do you remove a matrimonial home rights notice?

A matrimonial home rights notice can be removed by applying to the Land Registry once the underlying rights have ended — for example following a final divorce order and financial settlement — or where the person who registered the notice agrees to its removal. Supporting evidence is usually required, and if there is a dispute about removal, the court may need to decide whether the notice should remain in place.