Q&As

Can you register a matrimonial home rights notice against a property that was never used as a matrimonial home?

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Published on LexisPSL on 20/05/2019

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

  • Can you register a matrimonial home rights notice against a property that was never used as a matrimonial home?

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, s 30(7) makes clear that these rights apply only to property that has been, or was intended to be, the matrimon

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