If you are going through a separation or divorce, it’s completely understandable to feel unsure about your rights, especially when it comes to your home. Many people fear losing the family home or being pressured to leave, even when they have lived there for years.
If your spouse has said things like:
- “You need to go.”
- “This house is mine.”
- “You have no right to be here.”
…you should know that legal protections exist to help. One of the most important is a home rights notice.
What is a home rights notice?
A home rights notice is a legal protection available to a non-owning spouse or civil partner in England and Wales. It allows you to register your right to live in the matrimonial home even if you are not the legal owner.
By registering a home rights notice at HM Land Registry, you gain recognised rights of occupation and prevent the owning spouse from selling, transferring, or re-mortgaging the property without your knowledge.
How to apply for a home rights notice
You can apply for a home rights notice by completing an HR1 form and submitting it to HM Land Registry. The application is free and can usually be submitted without notifying your spouse, which is helpful in urgent or high-conflict situations.
What are the benefits of registering a home rights notice?
Registering a home rights notice can give you stability, security, and legal clarity during a separation. Key benefits include:
1. You can legally stay in the family home
A registered home rights notice allows you to remain in the property unless a court order states otherwise, even if you are not the owner.
2. It prevents the property being sold or re-mortgaged without your knowledge
Once the notice is in place, HM Land Registry will block any sale, transfer, or mortgage unless you are notified.
3. It protects your right to return to the home
If you temporarily move out, the home rights notice ensures you can legally return, unless the court directs otherwise.
4. It provides security during financial settlement negotiations
It helps prevent unilateral decisions by the owning spouse while finances are being resolved.
What to check before applying for a home rights notice
Before submitting an application, make sure that:
- You do not already have a legal beneficial interest in the property.
- Your marriage or civil partnership is legally recognised.
- The property is your main and primary residence.
If these apply, you can move forward with registration.
Is a home rights notice the same as a court order?
The simple answer is no. A home rights notice is not a court order and does not decide who will eventually live in the property after divorce. It is purely a protractive measure until a financial settlement is reached.
How long does a home rights notice last?
A home right notice will usually end when:
- Your marriage or civil partnership legally ends AND a financial settlement is finalised.
- The non-owning spouse has passed away.
- The non-owning spouse agrees to withdraw their application and cancel the notice by consent.
- The court orders it to be removed.
How Woolley & Co, Solicitors can help
At Woolley & Co, our family law specialists advise clients every day on how to protect their housing rights during separation and divorce.
In high conflict situations, people sometimes move out of the family home without realising the legal consequences. A home rights notice can prevent this from happening and give you the space and the protection you need.
If you are worried about losing your home or want advice on whether a home rights notice is right for you, we’re here to help.
Call us on 0800 321 3832 or complete our online form to take advantage of a free 30-minute initial call with an expert divorce and family law solicitor.
Sanjay Solanki
Family law solicitor, Solihull
