What Are Matrimonial Home Rights?
Matrimonial home rights apply to properties used as the primary residence by married couples or civil partners. Establishing legal rights over the matrimonial home is often a key issue during divorce or separation. If a spouse is not listed as a legal owner, they may need to register a notice of their matrimonial home rights against the property.
Why Register Matrimonial Home Rights?
Registering matrimonial home rights offers protection to non-owning spouses, ensuring they have the legal right to remain in the home. This registration helps prevent eviction and serves as a formal notification to potential buyers or lenders that the non-owning spouse has occupancy rights. The application is made through the Land Registry.
Steps to Register Matrimonial Home Rights
The process for registering matrimonial home rights differs depending on whether the property is registered or unregistered. Follow these general steps for properties in England and Wales:
1. Confirm Legal Ownership
- Joint Owners: If both spouses are named as legal owners, there is no need to register matrimonial home rights. Both parties’ interests are evident on the title, and both must consent to any sale or mortgage.
- Sole Ownership: If only one spouse is the registered legal owner, the non-owning spouse can apply to register their home rights.
2. Check Property Registration Status
- To determine if the property is registered, submit a Land Registry Form SIM to apply for an official search of the index map.
3. Complete the Correct Form
- Unregistered Property: Complete Form K2 and submit it to the Land Charges Department. This creates a land charge that will appear on future property searches.
- Registered Property: Complete Form HR1 and send it to the Land Registry. This registers a formal notice on the property’s title.
4. Pay the Applicable Fee
- A fee may apply when submitting your form. Visit the HM Land Registry Fees page for more information.
5. Receive Confirmation of Registration
- Once your application is processed, you will receive a registration notification. The legal owner of the matrimonial home (the “registered proprietor”) will also be notified. Keep the confirmation document safe, as it may be needed in legal proceedings.
Important Considerations
- No Impact on Ownership: Registering matrimonial home rights protects the right to occupy the property but does not confer ownership. Ownership disputes are typically resolved during divorce or separation proceedings.
- Legal Assistance: Navigating the registration process can be complex. Our Residential Property Team at Tees is here to assist you with every step. For further guidance on property rights and ownership, contact our Family Law Team.
For personalised advice, reach out to Tees today and secure your legal rights over your matrimonial home.
