Q&As

Can a unilateral notice be registered against a property owned by a party to financial remedy proceedings where that property is co-owned by a third party?

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Published on LexisPSL on 20/04/2020

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Can a unilateral notice be registered against a property owned by a party to financial remedy proceedings where that property is co-owned by a third party?

Section 30 of the Family Law Act 1996 (FLA 1996) provides that where one spouse (or civil partner) has the right to occupy a dwelling house, the other spouse is entitled to register home rights, provided that the property has been the matrimonial home. Those home rights may be protected, in the case of a property held in the sole name of one spouse only, by way of a notice being registered with the Land Registry. If the title to the property is registered, then the application for the home rights notice should be made using Form HR1—Application for registration of a notice of home rights. If the property is unregistered, an application may be made to the Land Charges Department for the registration of a Class F land charge.

A spouse may only protect their interest in one property at a time by way of a home rights notice. They should also be aware that the protection afforded by a notice ends with the termination of the marriage unless an application has been made pursuant to FLA 1996, s 33(5) for the home rights to continue after that point.

For further information, see Practice Note: Protection of home rights.

Abdullah v Westminster City Council is authority that FLA 1996, s 30 home rights wil

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