Q&As

Can a civil partner register home rights against the former family home owned by the other civil partner and in relation to which there is a restriction in the proprietorship register referring to a discretionary trust (which names the civil partners and two other people)?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 05/01/2018

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

  • Can a civil partner register home rights against the former family home owned by the other civil partner and in relation to which there is a restriction in the proprietorship register referring to a discretionary trust (which names the civil partners and two other people)?

Where one spouse or civil partner (A) is entitled to occupy a dwelling-house, whether because they own it or have a tenancy, and the other spouse or civil partner (B) is not so entitled, B may seek to register a homes right notice with HM Land Registry.

If, as in the scenario of this Q&A, both civil partners have a beneficial interest in the dwelling-house, there may be no obvious need to register a home rights notice. A home rights notic

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