Q&As

How can a spouse protect their interest in the matrimonial home by way of an entry on the title register where the registered proprietors for the property are the other spouse and members of their extended family? What action may be taken in relation to HM Land Registry if an application for a home rights notice or unilateral notice has been incorrectly rejected? How else may a spouse’s position be protected?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 29/06/2016

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:

  • How can a spouse protect their interest in the matrimonial home by way of an entry on the title register where the registered proprietors for the property are the other spouse and members of their extended family? What action may be taken in relation to HM Land Registry if an application for a home rights notice or unilateral notice has been incorrectly rejected? How else may a spouse’s position be protected?

How can a spouse protect their interest in the matrimonial home by way of an entry on the title register where the registered proprietors for the property are the other spouse and members of their extended family? What action may be taken in relation to HM Land Registry if an application for a home rights notice or unilateral notice has been incorrectly rejected? How else may a spouse’s position be protected?

When spouses divorce the court has wide-ranging powers contained under the Matrimonial Causes Act 1973 (MCA 1973). These powers include the making of a property transfer order, transferring a property in the name of one spouse to another, or a lump sum order, requiring one spouse to pay a lump sum of money to the other. The court has the power to make consequential orders, including for the sale of a property in order to satisfy a lump sum order.

It is not uncommon however for the spouse in whose name the former matrimonial home is in to contend that the beneficial ownership is different to the legal ownership (ie, whose name the property is in), and assert that a third party owns some or all of that beneficial interest. This will usually require the court to determine the interests of the various parties as a preliminary issue, with the third party intervening (see Tebbutt

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