If you live in a home that your ex owns, a Home Rights Notice can help you secure the temporary right to continue living there until your divorce or dissolution is finalised.
Here, Rebecca Finnigan, Partner for Liverpool and Chester, explains more.
What is a Home Rights Notice?
In England and Wales, a Home Rights Notice (HRN), formerly known as a matrimonial homes notice, is a protective measure for a husband or wife who doesn’t own their home but has a right to live there.
These legal documents are typically used when people continue to live in their partner’s property during divorce or civil partnership dissolution.
How does a Home Rights Notice work?
By submitting a Home Rights Notice to the Land Registry, the non-owning partner can protect their right to live in the matrimonial home and prevent the sale of the property until matters are resolved and the notice is lifted.
They provide a safeguard to ensure that the interests of non-owning partners are acknowledged and respected during any potential property transactions.
Entering a HRN does not change the legal ownership of the property, but it does provide the non-owner with two vital elements of protection:
- The right to occupy the house
- Protection from the owner-spouse selling or transferring the house or raising a new mortgage against the home.
Why you might consider one
Home Rights Notices allow the non-property-owning partner to continue living in the family home until financial matters are settled.
Without a HRN, the property owner could sell the house, leaving the non-owner homeless and complicating financial proceedings. If this happens, you can make an urgent application to freeze the sale proceeds until the divorce finances are settled.
They also ensure anyone conducting a Land Registry search, such a prospective buyer or mortgage lender, is informed that there is a non-owning partner with matrimonial homes rights against the property.
How do I get a Home Rights Notice?
If you’re living in a property that isn’t in your name and you’re going through a divorce, it’s a good idea to get expert advice from a family lawyer.
You can apply for a Home Rights Notice with HM Land Registry by completing a Form HR1.
If you’re legally married to the property owner and intend to use the property as your home, the application will typically be granted.
Once the notice is in place, it prevents the sale of the home without your knowledge. This means you can stay in the home until your marriage is legally ended.
How much does it cost to get a HRN?
There is no fee to register for a Home Rights Notice with HM Land Registry.
How long do Home Rights Notices last?
This can vary depending on the circumstances.
Home Rights Notices usually end when the divorce Final Order is granted, but can also end with the death of the spouse, a court order, or a voluntary agreement.
It’s important to inform HM Land Registry of the divorce for the notice to be removed.
Do I need the homeowners consent?
You don’t need the consent of the owner-spouse to apply for a Home Rights Order, however they will be informed in writing by HM Land Registry.
Are all homes treated the same?
It is important to be aware that not every property will be classed as a matrimonial home.
The Family Law Act 1996 states that the home must have been occupied jointly as a matrimonial home during the marriage or civil partnership, or was intended to be the matrimonial home.
Home Rights Notices can’t be used by unmarried couples or for rented homes.
Can my ex block a Home Rights Order?
The owner-spouse can exclude the non-owner from the home only in limited cases, like an occupation order or a final financial order.
HM Land Registry’s free Property Alert service
HM Land Registry offers a free Property Alert service which allows a non-owner spouse to monitor up to 10 properties.
When you sign up, you will receive an email alert each time there’s a major activity on the property, like a new mortgage.
The alert will include the type of activity, the applicant’s name, and the date and time it was received
Whilst the property alert isn’t a replacement for a Home Rights Notice, it can notify you of any actions which could affect your ability to live in the home.
Useful links
What happens to the family home in divorce?
