Registering a Matrimonial Home Rights Notice

If your marriage or civil partnership breaks down, but the matrimonial home is owned solely in the name of your ex-partner, then a Matrimonial Home Rights Notice will give you certain protection. 

A Matrimonial Home Rights Notice allows you to continue occupying your family home during the divorce/separation, even though the property is not in your name.  To obtain a Matrimonial Home Rights Notice, a form is filled in and lodged with the Land Registry.  This helps to protect your interest against any attempt by your ex-partner to sell, mortgage or transfer the matrimonial home to someone else for value. The Matrimonial Home Rights Notice does not give any automatic right of ownership over the property.  It should be noted that you can only put a Matrimonial Home Rights Notice over the property in which you actually have lived, i.e. you cannot put it over an investment property owned in your ex-partner’s name.

After you have registered a Matrimonial Home Rights Notice with the Land Registry, they will put a restriction on the Title Register of the property which prevents your ex-partner from dealing with the property without your knowledge and consent.  You should be aware, however, that your ex-partner will be made aware of the Notice and the Notice will remain in place until an agreement over the matrimonial home is discharge by both parties, or until a Court Order is made.  If your ex-partner does attempt to sell or re-mortgage the property to a third party, the prospective purchaser/mortgagor will be made aware of your rights and it would be very unlikely in those circumstances to proceed with a sale or re-mortgage whilst your Notice was on the Title.

The Notice can only be removed in certain ways, and these include:-

  • With your consent and co-operation.
  • Upon the making of a Decree Absolute/Final Order of Divorce.
  • Death.
  • A Court Order.

It will always be recommended that you register such a Notice if you are separating and your name is not on the Title Deeds, of you are not an owner of the property in which you are living.

It would be recommended that you take detailed advice from a Solicitor on this issue as soon as practicable.

HOW CAN WE HELP?

To find out more about how our team of Family Law experts can help you, do not hesitate to get in touch today on 0330 123 1229, send us an email via info@smithpartnership.co.uk or complete our contact form.

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