Q&As

Can a spouse register a home rights notice against land that adjoins the matrimonial home, as well as the house itself, when they are registered under two separate title numbers? Will the nature of the land and whether its use is integral to the use of the matrimonial home itself be a factor?

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Produced in partnership with Tori Adams of 4 King’s Bench Walk
Published on LexisPSL on 14/02/2020

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:

  • Can a spouse register a home rights notice against land that adjoins the matrimonial home, as well as the house itself, when they are registered under two separate title numbers? Will the nature of the land and whether its use is integral to the use of the matrimonial home itself be a factor?

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 property are protected. This is done by filling in a HR1 Form and sending it to the Land Registry who can then register a notice.

Section 30 of the Family Law Act 1996 (FLA 1996) created the concept of home rights. It grants the non-owning spouse or civil partner the right to not be evicted or excluded from the matrimonial or civil partnership home (except by way of an occupation order), and to enter and occupy that home with the leave of the court if they have already been excluded.

There are essential pre-conditions for a party to have home rights. FLA 1996, s 30 sets out 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 civil partner (“A”) is entitled to occupy a dwelling-house by virtue of—

(i) a beneficial estat

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