Your Rights to Occupy a Partner’s Property
The main reason for registering your ‘home rights’ with HM Land Registry is to help stop a partner from selling the property.
As a rule, you can only apply for home rights when a spouse or civil partner is the sole owner (e.g. not in joint property ownership).
An exception applies if a spouse or civil partner would be the ‘sole beneficial owner’ after selling the home (e.g. get all the money).
Note: The guide about staying in a partner’s property during a divorce or separation is also available in Welsh language (Aros yn eiddo eich partner pan fyddwch yn ysgaru neu’n gwahanu).
How to Apply for Home Rights
The first step is finding out whether the property has been registered in the name of your partner. If so, you will need to get the title number before applying for home rights.
Another section explains how to search the register at HM Land Registry to determine information stored about property and land.
The home rights application process differs, depending on whether it is for a registered or unregistered property (see below).
How Long Can You Live in the Property?
In most cases, you should be able to stay in the matrimonial home until a court finalises a settlement about the divorce, annulment, or the dissolution.
But, if a court issues a ‘continuation order’, you would be able to carry on living in the property for even longer (e.g. while a dispute about sorting out finances after a separation is ongoing).
Taking Legal Action against Your Partner
- Force you to move out of the matrimonial property.
- Stop you from moving back into the home (e.g. if you moved out ‘temporarily’ and choose to return to the original property).
It may be wise to find a legal adviser (e.g. a solicitor) if you intend to take legal action against a partner. Typical grounds for doing so would be if they try to:
Note: Another section explains more about what happens to your home when you separate (for couples who are not married or in a civil partnership).
Home Rights for Registered Property
There is no fee to apply for home rights if the property is already registered with HM Land Registry. You would need to use application form HR1 (e.g. for registration of a notice of home rights).
Fill in the document after downloading it from the GOV.UK website and then send it to:
HM Land Registry
Citizen Centre
PO Box 74
Gloucester
GL14 9BB
HM Land Registry will send you a letter (and your spouse or civil partner) confirming that they have registered your home rights.
Moving to a Different Property
The application process only protects your right to live in one property at any given time. But, HM Land Registry can transfer the home rights to another property.
So, after getting home rights approved for a property, you may want to get them transferred to another property owned by your spouse or civil partner. Use registration of a (Class F land Charge) for this purpose.
Note: You should follow the same steps for an unregistered property if the one you intend to move into is not registered.>
How to Stay in a Property after a Divorce
To continue living in the home for longer, such as after a divorce or separation, the application process depends on whether home rights have already been registered.
As a result, to apply for continued rights you would need to download and fill in (either):
- Application form HR1 for registration of a notice of home rights (for unregistered home rights).
- Application form HR2 for renewal of a registration in respect of home rights (with registered home rights).
The service is free of charge. But, you would need to send the form and an official copy of the continuation order issued by the court to HM Land Registry.
HM Land Registry would send you (and your ex-spouse or civil partner) a letter confirming they have registered your request to stay in the property after divorce or separation.
Home Rights for Unregistered Property
You need to use application form K2 (for registration of a Class F Land Charge) when the property has not been registered.
There will be a small fee to pay. But, you will find the amount and the instructions for the return address written on the K2 form.
Moving to a Different Property
The application process only protects your right to live in one property at any given time. But, HM Land Registry can transfer the home rights to another property.
So, after getting home rights approved for a property, you may want to get them transferred to another property owned by your spouse or civil partner. Use registration of a (Class F land Charge) for this purpose.
Note: You should follow the same steps for a registered property if the one you intend to move into is already registered.
Staying in the Home after a Divorce or Separation
To continue living in the home for longer, such as after a divorce or separation, the application process depends on whether home rights have already been registered.
As a result, to apply for continued rights you would need to download and fill in (either):
- Application form K8 for the renewal of a registration of a Class F Land Charge (with registered home rights).
- Application form K2 for registration of a Class F Land Charge (for unregistered home rights).
HM Land Registry would send you (and your ex-spouse or civil partner) a letter confirming they have registered your request to stay in the property after divorce or separation.