What are Home Rights?
Successfully registering your Home Rights at HM Land Registry doesn’t allow you to own part of the property, it’s simply a temporary measure to stop your spouse from selling the property during separation.
If you are not a registered owner of the property and you do not have your Home Rights registered, your spouse could sell the property at any time, without your knowledge or consent.
Once everything is agreed and you are happy for your spouse to sell the property you can have your Home Rights removed to allow a sale to continue.
You would likely benefit from registering Home Rights if your marriage is ending and only your spouse is the registered owner of your home. If you are both on the title of the property you will not need to consider taking this step. If you are both registered owners, you can move forward with your divorce proceedings with the support of your divorce solicitor, and you won’t have to worry about moving until the divorce is finalised.
With Home Rights in place you are usually allowed to remain living in the property until your divorce, annulment or dissolution has been finalised by the courts.
The Home Rights application process
The application to register your Home Rights with AWH is quick and straightforward.
We will first submit a statement outlining the need for you to be granted Home Rights in your specific circumstances to the Land Registry. After receipt of this submission, they will note the Home Rights on the property title and this will allow protection with immediate effect.
The legal owner – your spouse – will be notified of your Home Rights application and will get the opportunity to object.
Home Rights to unregistered property
Even if the property is unregistered, which can be the case if your spouse has owned it for a long period of time, a Home Rights application can still be made. The process to register Home Rights will be different to the above, which we can explain to you in further detail when you get in touch.
When you can’t register Home Rights
You can’t register Home Rights if the property is owned by multiple people. If your spouse owns the property with another person, for example an ex-partner, Home Rights can’t be registered unless your partner is what’s called the ‘sole beneficial owner’.
They would only be classified as the sole beneficial owner if they would get all the proceeds in the event the house was sold. The other owner would, in this case, have no financial interest in the property whatsoever.
Get started with AWH
At AWH Solicitors, all the support you need is in one place. Our conveyancing solicitors can help you to register your Home Rights if you are worried you may be forced to leave the family home during your divorce or separation. Our family law solicitors can help you with all other aspects of your divorce. This includes:
If you are not a British citizen and you have been granted the right to live in the UK based on your relationship, then our immigration solicitors can further support you in your application to remain in the UK.
Get in touch and find out how we can support you today.
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