Registering a Property as a Matrimonial Home

There may be situations where a spouse or civil partner lives in a property, as the matrimonial home, but is not a legal owner of the property. Under provisions currently contained in the Family Law Act 1996, a spouse or civil partner in this situation may be able to register a matrimonial home interest against the property at the Land Registry.

What are Matrimonial Home Rights?

Matrimonial home rights may arise where a person lives in a property which is owned by their spouse or civil partner. Matrimonial home rights may give that person the right to continue living in the property even if the relationship breaks down. These rights will usually only continue for as long as the couple is married or in a civil partnership and should only apply to a property which is – or was – the matrimonial home. However, in some cases a judge could make an order which allows an individual to remain in the property after the marriage or civil partnership has formally ended.

Matrimonial home rights are of little relevance to a spouse or civil partner who is a joint owner of the property.

Registering a Matrimonial Home Right Interest

The Family Law Act 1996 provides the mechanism by which a spouse or civil partner can register a property as their matrimonial home with the Land Registry. (This relates only to registered land. Different, but similar, provisions may apply in the case of unregistered land – see below). The Family Law Act 1996 was amended by the Civil Partnership Act 2004 so that the provisions contained in it apply equally to civil partners. Since that time these rights have technically been known simply as “home rights” but the term “matrimonial home rights” is still widely used.

In order to register a matrimonial home rights notice it will be necessary to know the title number of the property. If this information is not readily available it is possible to make a formal request to the Land Registry for the title number. This can be done using form SIM, which can be downloaded from the Land Registry website. Once the title number of the property is known, an application may be made to have matrimonial home rights registered against it using form HR1. There is no fee for the application but notice that an application has been made will be given to the spouse or civil partner who owns the property.

By registering a matrimonial home rights notice against the property the spouse or civil partner who owns it will be prevented from selling or re-mortgaging the property without telling the other spouse or partner. It is only possible to have matrimonial home rights registered against one property at a time.

Matrimonial Home Rights and Unregistered Land

If the property in question is not registered with the Land Registry, an application should be made to the Land Charges Department to register a Class F land charge against the name of the spouse or civil partner who owns the property. A token fee is payable for this service. The majority of properties in the UK are now on registered land but some properties may still be unregistered – especially if they have not changed hands for a long time.

A Matrimonial Home Notice and Prospective Purchasers

Checking for a matrimonial home rights notice is part of the usual conveyancing process. A registered notice will appear in the land registry entries themselves or on a separate search for any home rights.

If no such notice is registered against the property a prospective purchaser will be able to satisfy themselves that buying the property will not bring with it any issues regarding a spouse or civil partner claiming a right of occupation. However, if a matrimonial homes right is registered against the property the purchase will not be able to proceed without prior notice being given to the spouse or civil partner with the registered rights.

The matrimonial home right entry on the register will give the name and address, or other contact details, of the person who has registered the notice. These details can then be used to advise that person that a sale or re-mortgage of the property is proposed. If a purchaser buys a property subject to these rights, without the agreement of a spouse or civil partner with the right to occupy it, they may not be entitled to vacant possession of the property.