Second marriages and civil partnerships are not uncommon these days, and it is often the case that one partner will move into a home owned solely by the other. It is therefore surprising that few such homeowners are aware of ‘Matrimonial Home Rights’ that could see the incomer having a legal right to remain in the property if the couple split up, even if their name is not on the mortgage or title deeds.
Matrimonial Home Rights apply to both parties in a marriage or civil partnership. They give each party a right to occupy the marital home until the marriage or civil partnership is legally ended, irrespective of who owns the home. They also apply to property rented in a sole name, but do not apply to second homes, buy to let or commercial properties that a couple have not lived in together.
The Rights are designed to protect a spouse’s right to remain in the home and prevent a sole owner from selling the marital home from under the feet of their spouse and rendering them homeless. The non-owning spouse can register their Matrimonial Home Rights with the Land Registry by way of a Matrimonial Home Rights Notice. This results in a written Notice being placed on the Title Deeds, making it clear to any potential purchasers that a non-owning spouse has Matrimonial Home Rights to occupy the property.
Once a Matrimonial Home Rights Notice has been registered it can only be removed if (a) a spouse or civil partner dies, (b) a Decree Absolute or Final Order confirming the end of a marriage or dissolution of a civil partnership has been issued, (c) the court has granted an order to remove it, or (d) the Notice applicant consents to its removal.
In the current financial situation DIY divorces are a tempting alternative to using a solicitor, but they can be a dangerous choice. To prevent complexities caused by your estranged spouse applying for a Matrimonial Home Rights Notice, separating couples should always seek advice from a divorce lawyer, no matter how amicable things may seem in the beginning.
