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What are matrimonial home rights?

Where the other person in your marriage or civil partnership owns the home you have been living in, registering these rights with the Land Registry can protect your legal or beneficial interest in that property and prevent your spouse from selling or re-mortgaging your home without your permission, until a settlement has been reached or a court order made.

If for some reason you split up, it will prevent your ex from selling the property or taking out further loans on it against it. They can then only do so with your written permission or court order.

Home rights are the right to occupy your home that you do not have a registered interest in. Registering your home rights does not affect your rights to a share the value of the home, if is sold.

The question of who gets what will be dealt with in any divorce or civil partnership proceedings, or if they die through inheritance law.

How can I protect my home if it is owned by my spouse and not me?

In order to register Home rights you need to complete an application and lodge it at HM Land Registry. A copy of the notice is sent to your ex to see if they object.

The main reason objections are upheld is because people never actually lived together for any meaningful period of time as “man and wife” or civil partners.

Divorce Online can prepare and lodge your matrimonial homes rights application for you for £45.00 Incl vat.

This post was written by Mark Keenan. Editor of the Divorce Online Blog and Managing Director of Online Legal Service Ltd. Mark has been writing about divorce and related subjects for over 20+ years and is an expert in legal marketing.

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