Q&As

A homes rights notice has been obtained by a spouse in relation to agricultural land that they do not occupy, have never occupied and is not capable of occupation. How may the spouse who solely owns the land seek the removal of the notice?

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Produced in partnership with Tori Adams of 4 King’s Bench Walk
Published on LexisPSL on 23/09/2019

The following Family Q&A Produced in partnership with Tori Adams of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A homes rights notice has been obtained by a spouse in relation to agricultural land that they do not occupy, have never occupied and is not capable of occupation. How may the spouse who solely owns the land seek the removal of the notice?

If two people are married or in a civil partnership, and a property is owned solely in one spouse’s name, the other spouse can apply for a home rights notice to ensure that their rights in the matrimonial/civil partnership property are protected. This is done by filling in Form HR1—Application for registration of a notice of home rights (PDF Format) and sending it to the Land Registry who can then register a notice.

Section 30 of the Family Law Act 1996 (FLA 1996) sets out the law in relation to home rights, including who can make an application and the type of property that falls within the scope of the section. It also sets out how long the home rights continue. Within FLA 1996, s 30, it states that:

‘(1) This section applies if—

(a) one spouse or civ

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