Dividing assets during a divorce or civil partnership dissolution is often a complex and emotionally charged process. Among the most significant considerations is the family home, which may be solely owned by one person.
In such cases, protecting your right to reside in the property becomes crucial. One effective legal measure in the UK is the Home Rights Notice (HRN), designed to safeguard occupancy rights during this transitional period.
What is a Home Rights Notice?
An HRN is a legal entry registered with HM Land Registry that protects a non-owning spouse or civil partner’s right to live in the matrimonial home.
This notice prevents the owning party from selling, transferring, or mortgaging the property without the consent of the non-owning partner. It’s important to note that HRNs apply exclusively to married couples and civil partners; cohabitants are not eligible for this protection.
When should you consider a Home Rights Notice?
If you find yourself in a situation where your spouse or civil partner is the sole owner of your shared property, registering an HRN is advisable.
This action ensures that your right to occupy the home is legally recognised, preventing any unilateral decisions by the owning partner to sell or remortgage the house without your knowledge.
It’s often recommended to register an HRN early in the separation process to provide security and peace of mind during what can be an uncertain time. If you have concerns during this process, it’s always a good idea to seek legal advice from specialist family law solicitors.
How to apply for a Home Rights Notice
Applying for an HRN involves several steps:
- Determine registration status: First, ascertain whether the property is registered or unregistered. You can check this through HM Land Registry.
- Complete the appropriate form:
- Registered Property: If the property is registered, complete Form HR1, titled ‘Notice of Home Rights: Registration’.
- Unregistered Property: For unregistered properties, you will need to apply for a Class F Land Charge.
- Submit the application: Send the completed form to HM Land Registry. There is no fee for this application. All details should be correct to avoid processing delays.
- Await confirmation: Once processed, HM Land Registry will confirm the registration of your HRN. This entry will appear on the property’s title, alerting any potential buyers or lenders of your occupancy rights.
Additional considerations
It’s essential to understand that an HRN is a temporary measure, effective until the divorce or dissolution is finalised, or until a court order dictates otherwise.
Upon the granting of a Final Order, the HRN ceases to exist once HM Land Registry has been notified of the divorce. While the HRN safeguards your right to remain in the home during proceedings, it does not determine the final ownership or division of the property.
Therefore, it’s crucial to engage in discussions and legal processes concerning the long-term disposition of the home as part of your overall financial settlement.
