What can you do if you are a separated spouse and you are not the registered legal owner of a property? This informative advice will help you protect your rights.
In any marriage it is usual that the most valuable asset is the property owned by the parties, the property in which the couple reside is known as the ‘family home’.
It is also more common than people think that the family home is registered in just one person’s name. If only one spouse or civil partner is named as the legal owner, a third party would not know of the non-owning spouse’s interest. It is advisable for the non-owning party to immediately note their interest on the title.
The non-registered party should register what is known as a Home Rights Notice with the Land Registry under the Family Law Act 1996. The main purpose of the Family Law Act 1996 as amended by the Civil Partnership Act 2004 is to protect the right of a spouse or civil partner to occupy the home. The right is shown by an entry on the Register at the Land Registry. This entry then offers protection to the non-registered party.
If the Home Rights Notice is accepted this does not create your interest in the property (this will have been established by your marriage or occupation etc.), the Home Rights Notice offers some short-term protection whilst negotiations are underway as to a settlement upon separation. It does mean that a sale of the property cannot take place without the consent of the non-registered party because any third party looking at the register would recognise an interest held by the non-registered spouse by virtue of the Home Rights Notice entry.
There is no fee imposed for making the Home Rights Notice and the application process is moderately straightforward. It involves outlining to the Land Registry how the right has arisen (this is usually through occupation). Notice is served on the property with whom the property is registered to inform them of the application. The application can be made unilaterally and therefore, even if the owning party was to object, the Home Rights Notice will have been noted on the title providing immediate protection.
At Onions & Davies we can advise and assist on a Home Rights Notice and in all aspects following a separation. Contact Louise or Kim on 01630 652405.