Home Truths – What is the effect of a Home Rights Notice?

Q – Before I met, and later married, my husband of five years, I purchased my home (which I still own in my sole name). I have recently fallen out with my husband and, following a big argument, I asked him to leave. Several days later I agreed to a reconciliation; shortly after my husband returned to the home, I received a letter from the HM Land Registry notifying me that a Home Rights Notice had been registered against my home. When I questioned my husband, he said that it will stop me from being able to throw him out again. Is this right?

A – It appears that your husband has registered a restriction against the former matrimonial home, recognising his interesting the property (called a Home Rights notice). The existence of a Home Rights Notice prevents you from being able to seller re-mortgage the property without your husband’s consent and gives him a right to reside at the property until you are divorced (or he agrees to leave). However, it does not permit your husband to remain in the property under all conditions and circumstances.

If your husband is harassing you, causing you physical, psychological and/or emotional abuse, you are entitled to peaceful occupation of the property without disturbance or threat of harm. In these circumstances you should, in the first instance, contact the police and, if they do not take any action, consider an application for a non-molestation order.

If you, or anyone you know, requires any advice in relation to home rights, domestic violence, or any other family matters, please feel free to contact our team on 02920 345511 or family@berrysmith.com

Katie McColgan – Partner

01656 645525