Home Rights Notice

Home Rights Notice

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Overview

A Home Rights Notice is a device for preserving the interest of a spouse or civil partner who is not an owner of the property, i.e. the matrimonial home is in the other spouse or civil partner’s sole name. If the matrimonial home is in joint names then there is no right to register a notice. The Notice is a charge on the property, and the property cannot be sold without first satisfying the charge. The right to register a notice derives from section 31 of the Family Law Act 1996, as amended by the Civil Partnership Act 2004.

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Making the Application

An application for a Home Rights Notice is made pursuant to Rule 82 of the Land Registration Rules 2003, using Land Registry form HR1. This form is free from the Government website. If the property is not registered then there must be an application to the Land Charges department for a Class F Land Charge instead. It would be prudent to obtain a copy of the Title Register before applying for the notice, to ensure that the person requiring protection is not an owner of the property, that the property is registered, and to ensure the inclusion of the full names and their correct spellings. A person who is a joint owner is not entitled to a Notice and may be liable for damages if he applies for one.

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Effect of the Application

The purpose of the Notice is to protect the charge that arises in favour of the non-owning spouse or civil partner. The HR1 form is registered as an Agreed Notice. Although the other spouse or civil partner may not actually agree to the registration of the notice, as the non-owning spouse or civil partner is entitled to its registration by law, it is treated as an Agreed Notice.

Upon receipt of the application a letter will be sent to the non-owning spouse or civil partner to advise them of the application.

The registration of a Home Rights Notice will prevent action being taken by the owning spouse or civil partner to remove the non-owning spouse or civil partner from the property, or to prevent their return to the property, and also to prevent a sale without the knowledge and consent of the non-owner.

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Spurious Application

If an application if made by a person not entitled to a Home Rights Notice any person who suffers damage thereby has a right of action against the person submitting the application.

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Termination of Marriage or Civil Partnership

A Home Rights Notice cannot either be made or continue to run if the marriage is dissolved, i.e. when a decree absolute is made by the court, or where the civil partnership comes to an end. However, the court has the power to extend the duration of the Notice beyond the divorce. If a court order is made then an application to renew the Notice should be made using Land Registry form HR2, as soon as possible. A copy of the court order should accompany the HR2 application.

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Termination of Home Rights

Homes Rights will cease upon the death of the non-owning spouse or civil partner, by divorce, by an order of the court or by the non-owning spouse or civil partner voluntarily, in writing, relinquishing their rights.

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Cancellation of the Notice

Where a protected person wishes to cancel a Notice they may do so using Land Registry form HR4, attaching to it evidence supporting the reason for the cancellation, e.g. a death certificate, a decree absolute, a written release of the home rights, or a court order ending the home rights.