Home Rights Notice in Divorce

What is a Home Rights Notice? 

A Home Rights Notice, formerly known as a Matrimonial Homes Notice, legally protects a spouse’s right to live in the family home when it is solely owned by the other spouse. Registered with HM Land Registry, a Home Rights Notice prevents the sale or transfer of the property without the non-owning spouse’s consent.

The Homes Right Notice is a key protective measure for spouses who do not own property but have the right to occupy it. They are most typically utilised when one spouse continues to live in the other spouse’s property during the divorce proceedings.  

A Home Rights Notice not only allows the non-owning spouse to keep living in the house, but also prevents the property from being sold until the issues are handled and the notice is withdrawn. While this notice does not impact the legal ownership of the property, it does provide the non-owner with important protections.  

When does a Home Rights Notice End? 

The Home Rights Notice usually lasts as long as a spouse has Home Rights in respect of the property. Home Rights are granted by way of marriage, and so the easiest way to end those Rights is by getting a divorce. Once the divorce has been finalised, the Home Rights Notice ceases to exist once HM Land Registry have been notified.  

Navigating this area of law can be challenging. If you’re uncertain about whether you need a Home Rights Notice, or if one has been placed on your property and you wish to have it removed, it’s advisable to seek professional advice. 

If you’re considering or going through a divorce and there is a Home Rights Notice involved, click below for a free initial consultation with one of our expert divorce solicitors. 

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