If you are married or in a civil partnership in the UK, under the law, you will be protected by Matrimonial Home Rights. This means you have the legal right to live in your family home, even if your partner owns it, and you cannot be forced out, including during divorce proceedings. In other words, if your married spouse owns your family home solely and you have no share in its ownership, your Matrimonial Home Rights will apply even if your name is not on the deed, mortgage or tenancy agreement. Under this law, you will normally have the right to live in the home until your divorce has been finalised (i.e., a final order has been issued) and your divorce financial settlement has been reached.
Matrimonial Home Rights apply automatically, but it is important to register your home rights with the HM Land Registry as this will stop your family home from being sold, transferred, or remortgaged without your knowledge and consent. By registering a Notice of Home Rights with the HM Land Registry, any potential buyers will be informed that you have a legal interest in the property. It is especially important to register your Matrimonial Home Rights if you have concerns that your ex-partner may try to sell or remortgage your home without your prior approval.
It is important to understand that Matrimonial Home Rights are not the same as home ownership. Your Matrimonial Home Rights give you the right to live in the house that your partner owns, but it does not give you ownership of that property. Rather, it means that you have a right to live in the property, even during the divorce process. However, your family home will likely be considered a matrimonial asset if you divorce in the UK and will normally form part of your divorce financial settlement.
When Matrimonial Home Rights do not apply to you
You may not have Matrimonial Home Rights in the UK if your married partner co-owns the home with someone else. However, there is an exception to this rule. If your married partner owns the home in which you live with a third party, but your partner would ultimately receive all of the proceeds if it was sold, they are classed as the ‘sole beneficial owner’. If your partner is the sole beneficial owner, you will still have Matrimonial Home Rights under the law in the UK.
Matrimonial Home Rights is a complex area of law. If you are unsure if you have Matrimonial Home Rights, including third-party ownership of your home, please speak to our experienced family law solicitors.
Your rights when married but not on tenancy agreement
If you are married but not named on a tenancy agreement for your rented family home, your marital home rights still apply. This means that in this situation, you still have the right to stay in your home during your marriage and in the event of divorce. If your ex-partner moves out of your rented family home (e.g. in the event of divorce) in England or Wales, you may have the legal right to take over the payment of the rent to avoid the possibility of getting into arrears and/or eviction. If you live in Scotland or Northern Ireland, your ability to take over the tenancy agreement from your ex-partner will depend on the terms of the agreement. If you are unsure of your rights when married but not on the tenancy agreement, it is always advisable to speak to a family law solicitor who can provide tailored legal advice based on your personal circumstances and those of your children.
