Q&As

Can a spouse or civil partner register home rights under Part IV of the Family Law Act 1996 where they do not live in the property in question and plan to live abroad? In what other way may a potential interest in a property be protected?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 12/02/2019

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

  • Can a spouse or civil partner register home rights under Part IV of the Family Law Act 1996 where they do not live in the property in question and plan to live abroad? In what other way may a potential interest in a property be protected?

Section 30 of the Family Law Act 1996 (FLA 1996) provides that where one spouse or civil partner is entitled to occupy a dwelling-house by virtue of either a beneficial interest or a statutory enactment and the other spouse or civil partner is not so entitled, certain rights, known as ‘home rights’ will accrue to the latter.

Those rights are the right if in occupation not to be evicted or excluded from the dwelling-house in question by the spouse or civil partner, and the right if not in occupation with the permission of the court to go into occupation. FLA 1996,

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