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.Get in touch
Starting the process couldn’t be more simple!
- Contact us Get in touch however suits you best and arrange a consulation with one of our solicitors
- Meet an expert You’ll meet the expert solicitor assigned to your case and discuss all the necessary details
- Authorise Once we’ve got all the details of your case and you’re happy to proceed, just give us the go-ahead
- We get to work It’s time for us to get to work! We’ll set up your file on our system and get to work right away
What our clients are saying about us
Our Promise to You
Friendly, personal legal services
We promise that our approachable solicitors will provide you with a genuinely personal service that puts your needs first. Our team of experts are always on hand to give you support when you need it.
Award-winning service in our fields of expertise
We pride ourselves in offering the highest standards of service across each of our legal departments. Regardless of your situation, we promise to provide you with the very best legal advice.
Advice tailored to your needs
We promise to listen to your needs and offer the right guidance for your situation.
There is no ‘one-size-fits-all’ solution in any area of the law. Every case requires a tailored approach and you deserve a solicitor who understands this.
Outstanding customer service and care
Our excellent reputation is built on our exceptional level of client care.
Every case is handled with the highest level of respect and many of our clients go on to recommend us after building an invaluable relationship with our solicitors.
Transparent fees and processes
Transparency is very important to us. We promise to provide you with total transparency on fees, so you know exactly what you are paying for. We’ll also make sure you’re kept updated on the progress of your case every step of the way.
Get in touch
Let us know how AWH Solicitors can help you by providing us with your details in the form below.
Please let us know when you want to be contacted so we can get in touch with you at a time that suits you best.