23. Sole ownership where the co-owners are married or in a civil partnership.

If one spouse or civil partner owns the matrimonial home in his or her sole name the non-owning party has a statutory right of occupation1. The non-owning party cannot be evicted without the leave of the court and, if not in occupation, the court can enforce the non-owning party's right by ordering that they be allowed into occupation of the property2. The right of occupation should be protected by registration of either a Class F land charge3 or a homes rights notice at the Land Registry4. If the right has been protected by registration the court's powers5 may be