Homes Rights – An Overview

If you are married then you have a right to live in your family home, even if you are not a registered owner of the property. This right is referred to as Homes Rights.

What are Homes Rights?

Homes Rights relate to a property registered in either spouse’s sole name that has been treated as the family home. A Homes Rights Notice can be registered against the property that was treated as the family home in order to protect the non-owning spouse’s interest.

They do not extend to other properties owned by either spouse and can only be registered against one property. Homes rights apply in the same way to Civil Partnerships.

What does a Homes Rights Notice do?

A Notice gives a non-owing spouse the same protections that the owning spouse has in relation to the family home whilst the parties remain married. Once registered, it ensures that the owning spouse cannot dispose of the family home without the non-owning spouse having knowledge or agreeing to remove their right over the property.

If you are thinking of divorcing, or are already in divorce proceedings, it is important to register a Homes Right to avoid any disposition of property taking place whilst the proceedings are ongoing.

How long does a Notice last?

The Homes Rights Notice will remain in place until the decree absolute is granted within the divorce proceedings or until the non-owing spouse removes it within the proceedings. Once decree absolute is granted, the owning spouse can have the restriction removed from the register and dispose of the property as they please.

How do I register a Homes Rights Notice?

If your property is registered with the Land Registry, you can complete a form HR1 to register your interest. If the property is unregistered, then an application will need to be made to the Land Charges Department to register a Class F land charge.