If your marriage or civil partnership breaks down, but your home is owned solely by your ex-partner, a matrimonial home rights notice gives you certain protections. It’s best to talk to a specialist family lawyer at Holland Family Law to discuss a home rights permit, but here are the basics on what the notice means for you…
What does a matrimonial home rights notice do?
A matrimonial home rights notice allows you to continue occupying your family home during divorce or separation proceedings, even if you do not own the property.
You can file a matrimonial home rights notice with HM Land Registry to protect your interests against any attempt made by your former partner to sell, transfer or mortgage your former marital home, while all your finances and assets are sorted out.
Holland Family Law’s Claire Holland says: “A matrimonial home rights notice is simply a restriction that is placed against the former matrimonial home by one party when the property is owned in the other party’s sole name.”
However, a matrimonial home rights restriction does not give you any right of ownership over the property in which you live, and does not extend to any other property owned by your former spouse or civil partner, where you did not live in them.
Additional properties owned by your former spouse or civil partner would be handled during divorce or civil partnership dissolution proceedings.
What happens after registering a notice?
After registering a notice with HM Land Registry, it is placed against the title register of the property, which prevents your ex-spouse or civil partner from selling, transferring or mortgaging the property, without your knowledge and consent.
The notice is then served upon the owner of the property and remains in place until an agreement over the family home is reached by both parties or a court order is made.
If your ex-spouse or civil partner did attempt to sell your marital home, for example, the prospective purchaser would be notified of your rights and that the property is a matrimonial asset, which would bring any sale into dispute.
A matrimonial home rights permit is the only way you can safeguard your financial interest in the marital home.
It is recommended that you register a notice if you are separating and you have no right of ownership to the property in which you and your ex-spouse or civil partner lived.
How can Holland Family Law help?
Holland Family Law Leicester specialises in financial and property disputes as part of divorce and separation proceedings.
Our team provides a clear, jargon-free legal service that’s supportive and sensitive to your circumstances.
Divorce and separation is painful on an emotional level, but add sorting out the legalities, it can be hugely stressful.
We’re here to help ease the stress.
To help protect your interests in your former marital home, we can help you navigate the matrimonial home rights notice process.
We will work with you to ensure that your application is filed correctly with HM Land Registry and guide you through the divorce process until everything is settled.