Q&As

Can one spouse register a home rights notice against a property owned by a third party landlord where either the tenancy is in the joint names of the husband and wife, or where it is in the sole name of the other spouse? Will the options available be dependent on the type of tenancy involved?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 25/04/2019

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 one spouse register a home rights notice against a property owned by a third party landlord where either the tenancy is in the joint names of the husband and wife, or where it is in the sole name of the other spouse? Will the options available be dependent on the type of tenancy involved?

Can one spouse register a home rights notice against a property owned by a third party landlord where either the tenancy is in the joint names of the husband and wife, or where it is in the sole name of the other spouse? Will the options available be dependent on the type of tenancy involved?

A home rights notice protects the rights given to a spouse or civil partner under section 30 of the Family Law Act 1996 (FLA 1996). That section provides that where one spouse has an entitlement to occupy a dwelling house by virtue of a beneficial estate, interest or contract, or any enactment giving the right to occupy, and the other does not, the latter spouse or civil partner has the right not to be evicted or excluded without the permission of the court or, if not in occupation, the right with the

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