Q&As

The parties are married and lived in a property jointly owned by one spouse and a third party. The parties separated and the applicant spouse obtained an occupation order for a period of four months. The applicant now wishes to register a matrimonial home rights notice with the Land Registry against the property owned by their spouse and the third party. Can the applicant register such a notice, and are they assisted by the decision in Abdullah v Westminster City Council [2011] EWCA Civ 1171?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 11/06/2018

The following Family Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • The parties are married and lived in a property jointly owned by one spouse and a third party. The parties separated and the applicant spouse obtained an occupation order for a period of four months. The applicant now wishes to register a matrimonial home rights notice with the Land Registry against the property owned by their spouse and the third party. Can the applicant register such a notice, and are they assisted by the decision in Abdullah v Westminster City Council [2011] EWCA Civ 1171?

The parties are married and lived in a property jointly owned by one spouse and a third party. The parties separated and the applicant spouse obtained an occupation order for a period of four months. The applicant now wishes to register a matrimonial home rights notice with the Land Registry against the property owned by their spouse and the third party. Can the applicant register such a notice, and are they assisted by the decision in Abdullah v Westminster City Council [2011] EWCA Civ 1171?

A home rights notice under the Family Law Act 1996 (FLA 1996), as amended by the Civil Partnership Act 2004, gives protection to a husband, wife or civil partner (‘non-owning spouse or partner’) where the matrimonial home is owned solely by the other spouse. It protects the right of occupation if the non-owning spouse or partner is living in the matrimonial home, with the other spouse or partner unable to evict them without an order of the court. Additionally, the owning spouse or partner will be unable to sell the matrimonial home (or carry out any other dealing with the home) without the consent of the non-owning spouse or partner. Any potential purchaser will be made aware of the occupying spouse’s potential interest by way of the notice. The home rights notice consequently provides reassurance to the non-owning spouse that

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