What Are Matrimonial Home Rights?
If you own a property and live as a married couple, or civil partners, both of you will have rights to the property even if it was purchased by just one of you. Known as matrimonial home rights, this right to occupy for both parties provides a level of security and protection to the partner who holds no ownership of the home.
This means that should there be a separation or divorce, the partner classed as the non-owning spouse has just as much right to remain living there as the person who purchased the property. These rights also mean that the homeowner cannot sell the property unless you have given consent for them to do so.
It isn’t as clear-cut as just moving in and claiming the home as your own though. There are various processes to work through to ensure that matrimonial home rights have been granted. Without them, should the relationship break down, you could find the homeowner forcing you out.
Do matrimonial home rights mean the ownership is shared?
Something often assumed but actually incorrect is that ownership becomes joint once matrimonial home rights have been granted. The home remains that of the person who purchased it and only theirs. However, the non-owning partner obtains a right to occupy. This means that they can remain in the house without the threat of eviction unless it comes through a court order. This isn’t indefinite though, the matrimonial home rights only last until the divorce is finalised. However, should the divorce settlement be disputed, it is possible to apply for a continuation order. This will keep the matrimonial home rights notice in place until the final settlement is agreed.
Can matrimonial home rights be granted for any property?
Matrimonial home rights can be applied to any type of property, whether it is owned outright, mortgaged, rented, or provided by a housing association. Whilst matrimonial home rights are automatically granted once a marriage or civil partnership takes place, to ensure full validity, they must be applied for via the land registry. Without them being registered this way, the property could be sold without the other party knowing about it.
How to register for matrimonial home rights
Registering for matrimonial home rights is fairly simple. However, much depends on whether the property is already registered with the Land Registry. If it is, you simply complete the form known as HR1 and send it to the Land Registry.
If the property is not registered with the Land Registry, you will need to locate the title deeds to find out who owns the property. You will then complete a form called K2 and send it to the Land Charges department.
You will only be required to submit basic information and you do not need to seek the consent of the partner who owns the property. They will be notified that you have applied for the matrimonial home rights notice though.
If the partner that owns the property, co-owns it with somebody else, it would be advisable to seek guidance from a solicitor. You cannot apply for a matrimonial home rights notice when ownership is shared. You can though, if your partner is the only person that would receive funds upon the sale of the home.
Can I still be evicted if I have matrimonial home rights?
Whilst your partner cannot evict you without court intervention, you could still be removed from the property. If the property has an outstanding mortgage and you fall into arrears, you could find yourself both evicted.
In addition, the matrimonial home rights are only in place until the divorce or dissolution is complete. Once this happens, you could find that a court orders the sale of the home resulting in eviction or that the homeowner forces you out.
Furthermore, divorce courts often weigh up the financial needs of both parties as well as their earnings. If it is noted that one party vacating the home allows for a fairer financial settlement, they could enforce an eviction.
Finally, an Occupation Order could be granted. Most commonly used in domestic violence cases, this is where the homeowner or the person with home rights applies to the court to try and force the other person to leave.
Can I apply for a matrimonial home rights notice for more than one property?
No. You can only register your home rights for one property, and it can only be the home that was intended to be the family home. This means it could be a house, a flat, a caravan or any other form of permanent dwelling.
Can I cancel my matrimonial home rights at any time?
Selling a house during a divorce can be tough, and you may be fortunate enough to have found another place to live while the divorce is being worked through. This means you can end the home rights notice at any time if both parties are happy to. The only person who cannot force the cessation of a home rights notice is the homeowner unless they have had to file an occupation order.
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