When you are married you have the automatic right to live in the family home even if the property is the other party’s sole name. The act of marriage automatically creates Homes Rights.
The purpose of the Homes Rights is to provide protection to the non legally owning spouse so that they cannot be made unfairly homeless upon separation.
The Homes Rights notice has to be registered however on separation in order to provide protection to the party who does not legally own the property. This involves registering a restriction against the Land Registry title to the property in favour of that person. The registering of the Homes Rights prevents the legal owner selling or re-mortgage the property without the prior consent of the non-legal owner.
The family home is often the main asset of the marriage and it is important therefore that each parties’ rights in the property are protected.
Once the Homes Rights have been registered then this can only be removed by agreement, Court order or upon Final Order (previously known as Decree Absolute). It is important to resolve financial issues upon Divorce therefore prior to the Final Order being pronounced so that the protection of the Homes Rights remains in place.
Financial issues upon separation can be complex and there is a lot to think about and consider. It is a good idea therefore to take expert family legal advice.
We offer free half hour consultations. Please contact us on 01274 861096 (Liversedge Office) or 01423 637272 (Harrogate Office) firstname.lastname@example.org