https://hmlandregistry.blog.gov.uk/2015/08/18/what-happens-to-the-family-home-in-the-event-of-a-divorce/

What happens to the family home in the event of a divorce?

Divorce

The top three questions we receive from members of the public about changes in home ownership are in instances of:

  • death;
  • marriage; and
  • divorce.

We have already written about what to do when a property owner dies and transferring sole ownership to joint ownership (for example, when you get married), so in this blog we’ll focus on how divorce may affect your most valuable asset, your home.

Property will often be central to a divorce settlement, though what happens to an existing home will depend on the divorcing couple.

Dividing assets

Identifying and valuing all assets is part of the process of working out what there is to divide. The home and any other properties will be included in this, regardless of whose name the property is in.

Buying your partner out

Whatever is decided is unique to every situation, but often one spouse buys the other out and keeps the house. This means that the owners have to transfer ownership from joint names to a sole name.

If you have a mortgage, you would need to involve the lender in the process and in some cases may need their consent or action to switch the mortgage from joint to a sole name. Lenders will usually insist you use a solicitor to complete the changes.

Selling the property

Another possibility is that the property has to be sold and the proceeds divided between you. HM Land Registry doesn’t get involved in valuing a property. If a couple can’t agree upon a value, you may need to obtain a report from a local estate agent or surveyor giving a market valuation.

Right of occupation

If your spouse or civil partner is the sole owner of your home, you can protect your right to live there by registering a notice of home rights. There is no fee for this. It is particularly important to do this if you think they might sell or mortgage your home without telling you. We must tell your spouse or civil partner that you have made the application. NB A notice of home rights doesn’t protect any financial stake you may have in a property – you may want to seek legal advice if you wish to do this.

If your home is unregistered, you can protect your right by registering a ‘Class F land charge’.

Cancelling rights to live in the matrimonial or civil partnership home

Your right to occupy the home may come to an end by:

  • divorce or annulment of your marriage;
  • dissolution or nullity of your civil partnership;
  • death of your spouse or civil partner;
  • order of the court; or
  • release in writing by the person who has registered the notice.

When the rights come to an end, you should cancel the entry protecting your rights. If your home is registered you can apply to cancel the notice by using form HR4 (there's no fee to do this).

For more information see: Staying in your partner's property during a divorce or separation

158 comments

  1. Comment by Chicksa posted on

    I have foreign divorce on my hands and want to lift the notice that my ex-spouse had registered on my pre-marital property. Land registry wants to prove validity of the overseas divorce. How will you do that?

    Reply
    • Replies to Chicksa>

      Comment by adamh posted on

      Chicksa - it is for you to demonstrate that the divorce is legal by submitting sufficient evidence to support the application.
      So if there were divorce proceedings overseas we need evidence of that

      Reply
      • Replies to adamh>

        Comment by Chicksa posted on

        Thank you Adam. Will apostile translated court decision be enough? Or more in depth transcripts are required?

        Reply
        • Replies to Chicksa>

          Comment by adamh posted on

          Chicksa - we won't know until you submit the application I'm afraid as we would view the whole thing on merit.
          If you have evidence that when translated demonstrates that the divorce has taken place and that it would be recognised under English law then it should be fine.
          In depth transcripts may be needed but that depends on the level of detail provided in the apostile translated court decision I suspect.

          Reply
  2. Comment by Joanne Paladina posted on

    Legal titles of matrimonial home is in both our names( myself and ex spouse)
    There is a restriction attached( Declaration of Trust for myself ,my ex spouse and our daughter as beneficial joint tenants. Trust was created when my daughter was 15, hence the trust.)

    After divorce,the court ordered that ex spouse share of the home to be transferred to me, meaning:
    my share: daughter is 2/3 :1/3

    Judge says if ex spouse refuse to transfer, the court will sign the necessary papers to effect the transfer.

    What are the application forms necessary for the transfer?
    ( bearing in mind that the previous restriction requires removal)

    Thank You.
    ( advice very much appreciated)

    Reply
  3. Comment by Rach posted on

    In 2011 I seperated from my husband and divorced in 2012 who had a mortgage in his sole name. The title to the property is in his name, he died in August this year and his daughter lives in the house. There is an interim charging order to MBNA on this property.

    My questions are: do I still have rights to my former home, can I live there as since divorce me and his children have been in rented accommodation? Am I now responsible for any mortgage outstanding etc

    What is my next step?

    Reply
    • Replies to Rach>

      Comment by adamh posted on

      Rach - I'm afraid we cannot answer any of those questions for you and you would need legal advice to understand what rights you have
      From purely a registration perspective the rights afforded to a spouse, as explained in this article, end with divorce so would not apply in your situation.

      In my experience issues around the home and mortgage are resolved at the time of the divorce. What happens later re a death and the children though is not an area we deal with. If legal advice is not an option you could try online forums such as Money Saving Expert or Mumsnet for example to see if anyone can share any thoughts from their own experiences/understanding

      Reply
  4. Comment by kate posted on

    I am in the process of buying a house. However, it has come to light that there is a notice of rights that was applied by the previous owners of the current vendors over 30 years ago. This wasn't removed by the current owners, and now my solicitor has advised that this has to be removed before we can purchase it. We were due to exchange and complete next week, is there any way this can still happen? I.e. can we get this removed after the purchase has completed?

    Reply
    • Replies to kate>

      Comment by adamh posted on

      Kate - all depends on the circumstances and what the notice of rights is seeking to protect. If it is no longer a valid interest then removing it may be quite straightforward although it may also mean we need to write to the protected party to confirm.
      Your solicitor should be able to advise as the devil will be in the detail re the entry and what it is seeking to protect

      Reply
      • Replies to adamh>

        Comment by kate posted on

        Thank you so much for your prompt response. As far as I know, the couple were going through a divorce, so it was to ensure that the house couldn't be sold without both parties consent. So in my opinion, as the house was sold by the couple over 30 years ago, it should now be invalid? Our solicitor hasn't been most helpful after we complained about the lack of action and communication some weeks ago, so I get the feeling she isn't bothered if we don't complete on specified date. She has requested that the seller's provide a decree absolute from the courts for the previous couple, and fill in an hr4 form. Is there any quicker solution?

        Reply
        • Replies to kate>

          Comment by adamh posted on

          Kate - if it's a Matrimonial Homes Right Notice then HR4 and a copy of the decree absolute is the way to go here. If they have long since moved on that is probably the quickest way of getting a copy of the decree absolute and we need that as proof that the divorce has happened so the rights are no longer valid.

          Odd that the seller had not sorted this as odd to have moved in when someone still had a right to live there as well but perhaps they thought their solicitor had dealt with it as well

          Reply
  5. Comment by legalsimon posted on

    Hi my friend had joint ownership of the matrimonial home with his wife. They divorced 5 years ago and she agreed in the Divorce Petition to give up her beneficial rights to the home.

    His solicitors did not alter the land registry. It has now come to light that she is still on the official copies as a registered proprietor and as a party on mortgage deed. He now wants to sell the house and her whereabouts are unknown.

    Any suggestions? Thank you

    Reply
    • Replies to legalsimon>

      Comment by adamh posted on

      legalsimon - she will need to be traced and then be a party to the Transfer (sale) deed.
      There are circumstances where a judge can get involved if someone is missing presumed dead for example but it reads as if that is a point not yet reached.

      Reply
      • Replies to adamh>

        Comment by legalsimon posted on

        thank you for your kind help.

        Reply
  6. Comment by Damian McCoy posted on

    Hello I am divorced and as part of my financial separation I agreed to a charge on my former property. I am now in the process of purchasing another property to live in, but have been advised that I may be subject to capital gains tax, also increased stamp duty as a second home. I am struggling to find an answer on this. Does anyone know?

    Reply
    • Replies to Damian McCoy>

      Comment by adamh posted on

      Damian - this won't be something we are involved in so we cannot advise.
      I would suggest making wider enquiries online such as on Money Saving Expert's public forum where such matters are often discussed.
      Although there are lots of comments on this blog it is not used as a forum so it is very unlikely that others will offer comment I'm afraid.

      Reply
  7. Comment by Ian posted on

    Becca - To some extent what happens depends on the circumstances of each case, but generally speaking these rights only continue during the subsistence of the marriage unless continued by order of court.

    Please use our 'contact us' form http://landregistry.custhelp.com/app/contactus_general/ to give details of the property and we'll look into this and get back to you.

    Reply
  8. Comment by JBaller posted on

    Could you please advise whether someone is obligated to sign an HR4 form relating to the property of a now ex spouse or whether it is simply for that party, as sole owner, to provide proof of the divorce by way of decree absolute etc, thus removing the need for the divorced parties to come into contact?

    Reply
    • Replies to JBaller>

      Comment by adamh posted on

      J Baller - getting the ex spouse to sign a release is just one of the available options. It is not compulsory so I would suggest using one of the other options on the form as appropriate

      Reply
  9. Comment by jen posted on

    Hi,
    my parents divorced over 20 years ago, dad agreed to sign the house over to mum, papers were drawn up, but mum never got around to filing them. Mum passed away and left the house to me & my brother but dad is claiming the house as his. Is he within his rights as his name was never legally removed from the deeds, but he had nothing to do with the house for over 20 years.

    Reply
    • Replies to jen>

      Comment by adamh posted on

      Jen - one to discuss with a solicitor I'm afraid as we cannot advise you on the law on such matters.
      The key is likely to be what the papers you refer to are and whether they constitute a legal transfer of the ownership and can now be registered. A legal Transfer would be a legal deed executed and dated by them for example but that si where the solicitor's advice would come in

      Reply
  10. Comment by tasie posted on

    How long does it take to process a home rights notice once someone has made an application?

    Reply
    • Replies to tasie>

      Comment by Ian posted on

      Tasie - If the application is in order our standard time for completion of applications is 5 weeks, but these types of application are usually completed quicker than that. There may be a delay if we need to query something with the applicant or the solicitor lodging the application on their behalf, in which case we won't be able to complete it until that point/issue has been resolved.

      Reply
  11. Comment by Ian posted on

    Tasie - Please see our guidance which gives more detailed background on the protection if these rights - https://www.gov.uk/government/publications/applications-under-the-family-law-act-1996 . The guide is written for the legal profession and may therefore contain some unfamiliar legal terms. Section 7 refers to when the rights may be brought to an end, but it's best to get some independent legal advice from Citizen's Advice or a conveyancer, such as a solicitor, on how the law applies in your case.

    Reply
  12. Comment by Al-Khan posted on

    I'm divorcing and the marital home is in my spouse name. I registered my
    home rights at the land registry. However, I do not want to apply for beneficial interests. If I cancel my home rights before
    the divorce decree absolute, will anyway the property be included in the
    evaluation of all assets? thank you

    Reply
    • Replies to Al-Khan>

      Comment by adamh posted on

      Al-Khan - you will need legal advice on that aspect I'm afraid. We can only advise on how to register the Notice and/or remove it. We are not involved in the specifics of the divorce and evaluation of assets.

      Reply
  13. Comment by Alice Smith posted on

    I am currently in the process of divorcing and I would like to sell my house and then divide the earnings between my spouse and I. I just want to get my divorce over with though and I was wondering if you have an opinion of which way is best for divorce, and also affordable. I want to do an online divorce with Thistoo ( http://www.thistoo.co for reference) but i don't know how well online divorces handle finances. Your opinion would be greatly appreciated! Thank you

    Reply
    • Replies to Alice Smith>

      Comment by adamh posted on

      Alice - we can't advice on the divorce process itself so if you are looking for wider online advice then I would suggest trying forums such as Money Saving Expert and Mumsnet

      Reply
  14. Comment by Pamela Birch posted on

    We have a problem with my mum's ex husband. They divorced 8 years ago with my mum keeping the house. She has now died but when we are selling the property the home rights were not removed by her ex. After letters to ex with no response we are stuck in limbo not able to sell property. Can the home rights be removed without his signature because he will never sign can we use rx3 to do this. We have now found out he has said he will not sign the papers.

    Reply
  15. Comment by Kim Edwards posted on

    How long does it take to remove home rights notice? FORM HR4 has been signed and sent to.solicitor and hopefully land registry. Urgent as meant to exchange and complete on house by next week.

    Reply
    • Replies to Kim Edwards>

      Comment by adamh posted on

      Kim - the average is 6/7 working days currently. That timescale can be extended by 15 working days or more if we have to serve notice on the spouse. We tend to only serve notice if the cancellation is based on a signed release. In cases where the marriage has been anulled no notice is served

      Reply
  16. Comment by Jenny posted on

    my ex husband and I have been divorced for 5 years now, I stayed in the marital home and he kept his ISA, pension etc, all very amicable. we understand that we cant just take his name off the mortgage and I cant afford to buy him out so we want to change from joint tenants to tenants in common and register a 95% to 5% with me holding the larger share, we know we can change from joint tenants through the land registry but can we arrange a different split than 50 50 just through the land registry?

    Reply
  17. Comment by Viola Gordon posted on

    I am the respondent in my divorce proceedings. The petitioner registered my property of 10 years as the marital home at land registry. We now have the Decree Nisi, just waiting for the Decree Absolute. Can I apply to have the charge removed, with the Decree Nisi, even though the petitioner lodged it? His name is not on the mortgage. Can you help?

    Reply
    • Replies to Viola Gordon>

      Comment by adamh posted on

      Viola - do you mean the property is registered in your sole name and that your ex-spouse registered his rights of occupation? If so you can apply to remove the notice using form HR4 and a copy of the decree nisi
      https://www.gov.uk/government/publications/cancel-home-rights-registration-hr4

      Reply
      • Replies to adamh>

        Comment by Viola Gordon posted on

        Hi Adam,
        Thank you for getting back to me.
        Yes the property is solely in my name and he registered his rights of occupation.
        Fabulous, so I just fill in the HR4 form and send it off with a copy of the Decree nisi? The absolute should happen on Wednesday 14th.

        Reply
        • Replies to Viola Gordon>

          Comment by adamh posted on

          Viola - correct. The link to the form also links you to the postal address for your application. Send an official or certified copy of the nisi

          Reply
          • Replies to adamh>

            Comment by Viola Gordon posted on

            Thank you!!

  18. Comment by SteveG posted on

    My Dad passed away a few months ago and we're in the process of selling his house. He divorced 30 years ago and my Mums solicitor insisted on a rights of occupation on the house which was never removed. The buyers solicitor is now insisting this be removed. What's the quickest way to do this via HR4? My Mum is happy to help by writing a letter, or do we send in the DA with the form instead? I'm a bit confused how they will even know she is the same person without ID, as she remarried and now has a different surname, address and signature! Thanks.

    Reply
    • Replies to SteveG>

      Comment by adamh posted on

      SteveG - HR4 is the correct form along with an official copy of the decree nisi/absolute. You could also submit it with an official copy of the death certificate.
      I assume the issue re names now being different would not be relevant to the decree or death certificate.

      Reply
  19. Comment by Ian posted on

    Hi. In general terms, someone will only be able to seek protection under the Home Rights legislation during the subsistence of the marriage, unless an order of the court directs otherwise.

    Please our guide which may be interest but please bear in mind that it is written for legal professionals and may therefore contain some unfamiliar terms - http://bit.ly/2dBrrv8 .

    Reply
  20. Comment by Ian posted on

    You're welcome.

    Reply
  21. Comment by John posted on

    I am divorced. My divorce states that the matrimonial house is completely my (ex) wife's. However she had 56 days to take my name off the deeds. She never did - do I have any say over the equity when she sells?

    Reply
  22. Comment by Susana posted on

    Hello
    I need some advice please. I got divorced in 2008 and the courts awarded me my flat. My ex husband filled out a TR1 form to transfer the property to me. My mortgage lender refused to put the mortgage just in my name as I was unemployed due to ill health. I have been with my current partner 8 years and would like to add him to my mortgage and remove my ex husband. The TR1 form has now expired and I cannot find my ex husband as he lives in South Africa. I am really stuck and was wondering if anybody had any advice or is this a loosing battle. Also the bank says that I can add my current partner and it would be a new mortgage, but as for the Deeds I would have to find my ex husband which has proved impossible.
    Many thanks

    Reply
    • Replies to Susana>

      Comment by adamh posted on

      Susana - you need legal advice here as if you cannot trace your ex then you will normally have to go to court to prove he cannot be found. We can't make that judgement and it has to be a court which considers the evidence. This tends to be the approach where someone is 'missing assumed dead' so it's important for your solicitor to be involved to advise on the weight of evidence you are likely to need.
      it may also be worth asking the solicitor about the filled in TR1 as well. You say it's 'expired' so you may have already done so of course although the key tends to be whether they were completed correctly and executed.

      Reply
  23. Comment by Emsee365 posted on

    I am in need of advice.

    i have placed a home right notice on the property. my wife who is now occupying the house needs to move the mortgage over to a new company as it will allow her to decrease the amount each month to pay the mortgage.

    its a significant reduction allowing her to be able to afford to live there but the mortgage company will not take on her mortgage due to the notice placed on the property.

    does it need me to remove the notice using a HR4 or is there a way that i can approve the move?

    Thankyou

    Reply
    • Replies to Emsee365>

      Comment by Ian posted on

      Emsee - As a possible alternative to removing/cancelling the notice, you may agree to the postponement of your home rights to any other mortgage or interest in the matrimonial home. This is set out under paragraph 6 of Schedule 4 to the Family Law Act which is the legislation which governs this process. The postponement may be contained in:

      - the subsequent mortgage which you will have executed

      - incorporated in a separate written document or letter signed by you.

      We cannot advise you as to which option to take or on the correct form of wording required under the above legislation. So we would suggest discussing this further with parties involved and/or consider taking some independent legal advice from Citizen's Advice or a conveyancer, such as a solicitor.

      Reply
  24. Comment by John posted on

    Hi
    My name is currently being taken off the title deeds of a property I owned with my ex wife (who still lives there). I never lived there. If I buy another house before my name is taken off the title deeds, does that mean I am liable for the higher stamp duty charges?

    Reply
    • Replies to John>

      Comment by NimishP posted on

      Hi John

      I would suggest you speak to HM Revenue & Customs with regards to Stamp Duty Land Charge. It is not something that we would be able to answer.

      Reply
  25. Comment by Sonja Walker posted on

    Hi
    I am divorced from my husband. We were originally going to sell the property but now I am going to buy him out. Can I change land registry without my mortgage company being involved. I have been paying the mortgage for 15 months and can afford to but the lender probably won't authorise the mortgage. Ex is ok with staying on the morgage but I want him taken off the legal owenership of it.

    Reply
    • Replies to Sonja Walker>

      Comment by NimishP posted on

      Hi Sonja
      You would need to examine your title register to see if there is any restriction on the title in favour of the lender. If there is a restriction, then we would require the consent or participation of the lender in order to register the transfer from you and your ex-husband to you only.
      I would strongly recommend you seek legal advice before considering any action.

      Reply
  26. Comment by Dee Boscoe posted on

    HI, my husband left the family home in 2009, divorced in 2012. The family home was given to me 100% in divorce court settlement.
    . I have been trying to sell since 2013 but my ex refuses to take his name of the deeds. I have my divorce solicitors helping me take him to court to sign for him but they have told me i now need to complete a TR1 form and will need a conveyance solicitor. I already have permission to take exs name of deeds from the mortgage company with no mention of having to use a solicitor. If i remember right my ex put something on the deeds during our split to stop me selling . Is this the only form I need or do i need to fill more in and will I need a conveyance solicitor as my fianaces are at breaking point now. MANY thanks

    Reply
    • Replies to Dee Boscoe>

      Comment by adamh posted on

      Dee - what normally happens here is that the court orders the transfer from joint to a sole name and expects the parties to then do exactly that. There will always be a need for a legal transfer of ownership using a form TR1.

      If it does not happen, say one party refuses, then you usually go back to court and the judge, if satisfied, may execute the TR1 in place of the other party.

      You don't have to use a solicitor although in such cases they are often involved as the transfer is part of the wider divorce for example

      Our online guidance explains what forms are needed and how to complete them. Add in the court order to the mix and you have what is needed as and when the TR1 is executed. https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property

      A solicitor is familiar with the forms and processes so we always recommend using one but it is not compulsory. If you have any problems filling in the forms or understanding the registration process then you can ring our support team on 0300 006 0411. We can't give you legal advice though

      Reply
  27. Comment by adamh posted on

    Dee - if it was a Matrimonial Homes/Family Law Act entry then form HR4 and an official copy of the decree absolute should enable it to be removed https://www.gov.uk/government/publications/cancel-home-rights-registration-hr4

    Reply
    • Replies to adamh>

      Comment by Dee Boscoe posted on

      great, many thanks for all your help.

      Reply
  28. Comment by adamh posted on

    Als - I assume you mean that you have a HRN in your favour. If so then that would not, from purely a registration perspective, impact on your ability to buy a new property. You would need to contact HMRC with your query on stamp duty

    Reply
  29. Comment by Als posted on

    Yes I have one which requires removing on the final divorce payment arriving. I have found a house so will need to cancel the HRN which presumably shouldn't be too hard to do but wasn't sure if the notice would hold me up for completing on the house I wish to buy. Do you know roughly how long it would take to cancel the HRN? Also whether I could send a letter/form requesting the date that it is cancelled from in advance? Thank you.

    Reply
    • Replies to Als>

      Comment by adamh posted on

      Als - the purchase/completion process happens before anything is registered so I would suggest speaking to your solicitor as to whether it impacts or not. It won't from our perspective as explained.

      A HRN can be removed in a number of ways although the two most likely to apply here are probably when the divorce is finalised and you have the decree absolute OR you cna release it yourself. Often the divorce/property are intertwined so the next steps don't happen until the divorce is agreed/settled for example so often you wait for the court order. Again your solicitor can advise.

      In either scenario, release or decree absolute the timescale is roughly 10 working days providing all is in order

      Reply
  30. Comment by adamh posted on

    Anna - that will depend on what the court has ordered so best speak to your own solicitor or get legal advice. If the decree absolute has not been given then they will need you to release your notice on the title but I don't believe that you will need to sign any sale papers but again something to check with a solicitor as what you man by sale papers will be relevant.

    Reply
  31. Comment by Hammyk79 posted on

    My wife wants a divorce, the house was in her name but then I got added to registry & mortgage as I paid it for 10 years. We then remortgaged to get an extension. I believe 95% is in her name & 5% is in mine but I only get that if the house is ever sold. Does that sound correct ?

    Reply
    • Replies to Hammyk79>

      Comment by adamh posted on

      Hammy - it could be but we don't register the % shares I'm afraid

      Reply
  32. Comment by adamh posted on

    Sarah - I'd suggest checking what was submitted to transfer the ownership to the current owner and if appropriate then get legal advice. Use our contact form to submit the specific details re the property/title number and ask us what we have on record re the Transfer/sale. We will email back to explain what is available and how you can apply for copies as appropriate https://landregistry.custhelp.com/app/contactus_general/

    Reply
  33. Comment by Adrian posted on

    I am currently separating from my partner (with child of 5yrs old) . They are staying in the current family home that I solely own. I am wanting to buy a home for me to live in. Do I need to pay the additional stamp duty as if a second home?

    Reply
    • Replies to Adrian>

      Comment by adamh posted on

      Adrian - not one we can cover I'm afriad. You need to contact HMRC re SDLT enquiries

      Reply
  34. Comment by klongson posted on

    My partner has been divorced for 2 years and her ex lives in the family home , which is for sale. What happens if it does not sell as we are renting until we can use the sale to but another home.

    Reply
    • Replies to klongson>

      Comment by adamh posted on

      Klongson - I'm afraid we can't advise you as we register the purchase but don't deal with divorce or similar issues. I'd recommend seeking legal advice or try online forums such as Money Saving Expert where such matters are aired and discussed

      Reply
  35. Comment by Bee posted on

    my spouse has already transferred the marital home to his parent's name before divorce - is there anything i can do?

    Reply
    • Replies to Bee>

      Comment by adamh posted on

      Bee - you need legal advice I'm afraid to ascertain whether you have any interest in the property that can be protected on the register or with regards the separation/divorce.

      Reply
  36. Comment by Katie posted on

    I am selling my house but ex husband as applied for home rights long back. now we are divorced completely...it shows in title... how does it affect the sales process...

    Reply
  37. Comment by Deanne Weston posted on

    My partner and I are now divorced but still have a joint mortgage. The children live in the house with me. The property is to be sold but my ex husband says he has no responsibility to pay the mortgage as he does not live there. Where do I stand? The money he gives me is for our 13 year old son he says.

    Reply
    • Replies to Deanne Weston>

      Comment by AdamH posted on

      Deanne - not something we can advise you on I'm afraid as it would requrie legal advice to understand what rights you each have and what responsibilities exist. If you are looking for wider online advice then forums such as Mumsnet or Money Saving Expert can be useful resources but legal advice is the best option here.

      Reply
  38. Comment by Tilly posted on

    Hi
    My dad died a few months ago and had divorced my mum a few years before and he did not change his will so the house still has her name on the deeds of which we do not know their location and it was my dad's wish to leave the property to two youngest brothers who live in the house so how do we transfer the house to the brothers name as the mother is ok with this so there shouldn't be any trouble from her

    Reply
  39. Comment by Tim Whitehead posted on

    My friend has filed for divorce where her husband has accepted fault by adultery , and moved out of the matrimonial home, where she lives with her three children , one of whom is disabled (wheelchair bound), and has extensive amounts of equipment installed for his care.
    How would a Divorce Court deal with the the home on divorce if no agreement is reached?Does she have a right to remain there until the disabled child (who is 15) attains the age of majority?

    Reply
    • Replies to Tim Whitehead>

      Comment by AdamH posted on

      Tim - you will need legal advice on such issues as we do not deal with the actual divorce or the courts. We register the outcome such as transferring the house from joint to a sole name or protecting the spouse's right to live in the home whilst still married.

      Reply
  40. Comment by Rina posted on

    My ex refuses to let the transfer of equity take place even though my solicitor has sent him letters. The mortgage and land registry deeds are in his name. There is a charge on them. In our divorce proceedings he said that his brother had put money to the property when his brother clearly did not. He would not present to our solicitor or court hearing any documents to provide this and at last hearing there was a charge in favour of his brother receiving xxxxxx and the house to be transferred to my name. My ex will not let me be put on the mortgage or let me pay direct to mortgage lender but still wants the mortgage to be sent into his bank account. All through divorce proceedings he has refused to cooperate to get the divorce resolved amicably and I am weary of this. Since he won't let the transfer of equity take place by not replying to the solicitor letters even though he has said to my daughter that he wants to talk to me about the house and letter ( in family court order letter it states he cannot contact me other than text in regarding the kids) what can I do?. I have sent the financial court order and all the information to my solicitor ( conveyancing) and am still paying the monthly mortgage into his account with ref as mortgage

    Reply
    • Replies to Rina>

      Comment by AdamH posted on

      Rina - you will need to go back to the court to get an order re the transfer or if already given to ask them to execute the Transfer in his place. Your silicitor will be aware of next steps so please do rely on their advice

      Reply
  41. Comment by Mags posted on

    Hi separated from husband he signed house over to me legally(no mortgage)he's now bought another house with new partner......now claiming for half of house Where do I stand? Thank you

    Reply
    • Replies to Mags>

      Comment by AdamH posted on

      Mags - not somehting we can help with I'm afraid and it's legal advice you really need here. If you are looking for online help then public forums such asa Mumsnet and Money Saving Expert can be useful resources but it's the specifics of the transfer of your arrangement with him that will count here re next steps legally I suspect

      Reply
  42. Comment by Erika posted on

    Hi,
    Could you advise how long it takes to remove home rights? I need to remorgage and have about 6 weeks left. I should receive court decision any day now (hopefully). Is there any way I can get it removed? The house is in my name only.

    Reply
  43. Comment by Rina posted on

    Thank you Adam for your advice, I will be in contact with them today.

    Reply
  44. Comment by Adam posted on

    I have divorced from my ex and courts have told us to sell the house as the house is in both our names. The courts have awarded her 55%, and I'll get 45%. However a 3rd party in contact with my ex, has advised me that my ex and and the buyer have agreed £20k privately. So she would get 55% plus the £20k . What do I do and how can I find out if this true?

    Reply
    • Replies to Adam>

      Comment by AdamH posted on

      Adam - it's legal advice you need here. We would not be privy to a private transaction of this sort and cannot advise you on the law re such matters

      Reply
  45. Comment by Laura posted on

    Pls can you advice how long it takes to process an application for Matrimonal home right notice and any document that I may need to attach to the form.

    Reply
    • Replies to Laura>

      Comment by AdamH posted on

      Laura - the average timescale is 8 working days and invariably it is the form HR1 you submit without any attachments. The form itself explains what is required

      Reply
  46. Comment by Sa posted on

    Hi, my brother is getting a divorce, his name is on my house, he doesnt live with or pay bills/mortgage. Will his wife get half share of my house??

    Reply
    • Replies to Sa>

      Comment by AdamH posted on

      Sa - that's not something we can help you with I'm afraid and I would recommend you seek legal advice

      Reply
  47. Comment by RogerB posted on

    I have just discovered that my ex wife who I divorced 43 years ago, is still on the deeds as having a matrimonial interest. We both new nothing about this and have both since married again. We need to remove her name from the deeds. She is in agrrement but we're not sure how to do this.
    Neither of us has any paperwork from the divorce.
    Than you for your help.

    Reply
  48. Comment by Chantelle posted on

    Could you tell me how long it takes to process the application for a matrimonial home rights notice?
    I sent a paper application through the post about a week ago.
    Will I be notified when the application is accepted or is just my husband?
    Thank you in advance

    Reply
    • Replies to Chantelle>

      Comment by AdamH posted on

      Chantelle - average timescale is 8 working days. Once completed you will be notified as the applicant

      Reply
  49. Comment by Sarah posted on

    Hi please can you advise .... if the courts order the sale of the matrimonial home ... and each party gets a 50% share,
    can one of the partners buy back the house ?
    I'm presently going though a divorce, my ex husband has hidden assets, money and other properties to defeat me in my settlement, unfortunately the way he's done it looks and sounds legal and I don't have the proof to show the courts any difference.
    My husband now wants the matrimonial home selling as he claims he needs the money released from the home, to aid his business ( absolute joke ) ...
    I recently found out that my husband plans on buying the home back under his girlfriends name. can he actuallydo this ?

    Reply
    • Replies to Sarah>

      Comment by AdamH posted on

      Sarah - veyr much something to get legal advice on. We would register any outcome of the transfer/sale only so would not be privy to how you arrived at that point.

      Reply
  50. Comment by Adam posted on

    My ex wants to buy him out and I was going to but now it come to light he has remortgage the house 8 year ago I didn’t recall signing anything what can I do

    Reply
  51. Comment by Christina posted on

    I am getting divorce in other country. Can I register the divorce petition from a foreign court to protect my rights in the matrimonial home that we own in this country?

    Reply
  52. Comment by Fiona posted on

    I have a legal charge on my home in fabour of my ex husband who has now died. Can i get the legal charge removed.

    Reply
    • Replies to Fiona>

      Comment by AdamH posted on

      Fiona - the legal charge can be removed on receipt of an application in form DS2. A form DS1 executed by your late husband's executor will also be required. https://www.gov.uk/government/collections/hm-land-registry-forms
      If anyone other than the executor completes the form DS2 they will need to have their identity verified using form ID1. Have a look at the forms online and the associated guidance

      Reply
      • Replies to AdamH>

        Comment by Fiona posted on

        Thanks for your reply. However i don't know the name of the executor so can i still remove the charge.

        Reply
        • Replies to Fiona>

          Comment by AdamH posted on

          Fiona - his charge now forms part of his estate so whoever is administering that estate will need probate before they can remove the charge. If you do not know who his executor is then I would suggest checking with the Probate service to see if probate has been granted https://www.gov.uk/wills-probate-inheritance/searching-for-probate-records

          Reply
          • Replies to AdamH>

            Comment by Fiona posted on

            Sorry to keep bothering you. My ex husbands estate has been sorted out. He left everything to our sons so what needs to be done now.

          • Replies to Fiona>

            Comment by ianflowers posted on

            Fiona - I'm replying as Adam is unavailable. I hope I am correct in assuming that now you're referring to a property that was part of your ex husband's estate rather than the legal charge on your property? If so, then the personal representative dealing with the estate would be responsible for distributing the estate's assets according to probate rules. You may want to consider checking with Citizen's Advice, or a legal professional such as a solicitor, if you need further advice on this.

            The position regarding the legal charge remains the same in that we require a DS2/DS1 (executed by the executor).

  53. Comment by Nick posted on

    In a divorce, if a husband has omitted multiple properties from his Form E and (perhaps unsurprisingly) won't sign to allow a wife's PN1 search, is the only option to ask the Family Court to force him to allow a PN1 search, even if evidence of other missing properties has already been uncovered?

    I can see that the Land Registry is caught between satisfying the rqeuirements of the Data Protection Act and (implicitly) assisting wilful non-disclosure in divorce cases, but doesn't it also have a duty to make necessary information available to all genuinely interested parties?

    Reply
    • Replies to Nick>

      Comment by AdamH posted on

      Nick - you are correct in that you would need a court order. THe DPA legislation for example does not in our view apply where the informaiton is provided through one of our statutory services. As it's a statutory service the formalities must be followed and the DPA or indeed FOI do not override the service requirements

      Reply
  54. Comment by Megan posted on

    It seems likely that my parents will divorce at some point. There is no mortgage and it is owned in both names. My father would prefer to stay in the house and buy my mother out. I am their daughter and live with them currently with my husband and 2 children. My mother has said she does not want my father to have the house and will insist they sell. Does she have any legal ability to do this? I would like to continue living in the house with my family and would be in a position to get a mortgage to help my dad buy my mum out. Is this possible?

    Reply
    • Replies to Megan>

      Comment by AdamH posted on

      Megan - they would not be matters we can advise you with I'm afraid. Essentialyl we would deal with the end results, namely any change of ownership/new mortgage. You'll need to get legal or wider advice on what options are available to you all.

      Reply
  55. Comment by Jo posted on

    Hi there my partner is divorced from his ex and has 2 children under 18. They agreed in divorce proceedings to share the mortgage and property. His ex now wants to buy him out but can only afford to do so if he hands over his share of the equity. Can he transfer his share of the title to his children 25% each in a declaration of trust?

    Reply
    • Replies to Jo>

      Comment by AdamH posted on

      Jo - his 'share' is in the beneficial ownership although they are joint legal owners. The 'share' can be left to others but you can't transfer a share in the legal title, that is all or nothing. So if they want to transfer the whole of the legal ownership to just his ex but his 'share' in the equity/beneficial ownership still exists then you really need wider legal advice as to how best to protect that. We cannot advise on such matters I'm afraid as it's the legal title we register

      Reply
  56. Comment by Juju posted on

    Husband just bought his council house in his sole name we have been married three years now he wants me out can I get home rights.

    Reply
  57. Comment by James posted on

    My ex husband is the sole owner of the family home. I have a beneficial interest in the property as I still reside there. Can I still apply for a home rights (matrimonial) notice?

    Reply
  58. Comment by Bhavna posted on

    Hi- I have been married for 7 years and my husband doesn't work - he has always managed to come up excuses not to work either the job is not good for him or he decides to go on education and wants to do some courses. He moved out about a year ago to study into different city. Now his asking for money to pay off his rent and expense from me. recently I have brought a house on my sole name for my child as we renting the property before and rent was going to up I could not afford to pay that high rent amount. Now I am thinking of taking step towards legal action (divorce) against my husband because his not managed to find descent job or paying for any expenses and he always expecting me to pay for everything. In the 7 years he has never had permanent job- we have had 2 years where he has had no job just seat at home doing nothing. Can my husband claim any percentage towards my house even through his not paid penny towards it and not been living with us for over year now.

    Reply
    • Replies to Bhavna>

      Comment by AdamH posted on

      Bhavna - very much something you should get legal advice on as to what rights he may have. I am afraid we cannot advise on what rights he may have and the blog is aimed at explaining how rights (if they exist) might be protected on the land register. If you are looking for wider comment/advice then online public forums such as Money Saving Expert or Mumsnet may be useful resources where others in similar circumstances have aired and commented on such scenarios previously

      Reply
  59. Comment by Insaan posted on

    I have received B94-1 land registry notice from ex-wife about my house.

    She only lived with me for 3 months in this house after marriage and then left permanently one a half years ago. I applied for divorce and the decree absolute was finally issued over 6 months ago. I had bought this property before the marriage and she had no contribution whatsoever in this property in any way during that short period of time she lived here. Is she really entitled to claim any money from me, does she really have right on my house? Does family law act 1996 allow claiming it after divorce? I had the thought that only married partner can apply for it and if that is really the case then she has misinformed Land Registry and didn't tell them about the divorce?

    Reply
    • Replies to Insaan>

      Comment by AdamH posted on

      Insaan - see our PG 20 sections 7 and 8 re how such rights cease. Divorce is one of those so you may wish to consider applying to have the entry removed. https://www.gov.uk/government/publications/applications-under-the-family-law-act-1996
      If you think she has acted incorrectly and you have suffered a loss as a result then please read the form HR1 she will have used for the warning note and seek legal advice

      Reply
      • Replies to AdamH>

        Comment by Insaan posted on

        Thanks AdamH for your prompt reply. I am feeling a bit relieved after reading it. As I understand, it is the form HR4 that I have to fill in and attach at least the decree absolute with it. Do you know how long does the Land Registry office normally takes to process the application and remove the name? Should I get the legal advise from a property/conveyancing solicitor or a family solicitor?

        Reply
        • Replies to Insaan>

          Comment by AdamH posted on

          Insaan - that is correct and average timescale, if in order, is around 8 working days. I would get legal advice re your other Qs are regarding what her wider rights may be following divorce

          Reply
          • Replies to AdamH>

            Comment by Insaan posted on

            Could it be that HR4 form is to be used only by the person who wants his/her own name removed from home rights.

            Section 5 and 6 of the form require name of the applicant. There doesn't seem to be any other section where I could enter her name. So if I send this form with just my name on it then my name will get removed?

          • Replies to Insaan>

            Comment by AdamH posted on

            Insan - the form can be used by either party or indeed anyone else. As you are applying you would complete. You would be the applicant named in panel 5, you would include your name and address in panel 6 and complete panel 7 by ticking box B and the second box re decree absolute

  60. Comment by Annettw posted on

    I issued a home rights on the matrimonial home I lived in with my husband that he owned. I fled the home due to domestic abuse. We are now in court and he had transferred the deeds of the property to his parents names without my knowledge or consent. Is this legal ? How has he done this ? My solicitor is trying to find out and has asked for the TR/1 form but he is unwilling to provide it. Any help would be much appreciated.

    Reply
  61. Comment by Insaan posted on

    Hi AdamH, I did exactly the same and posted HR4 form along with the decree absolute. However I have received a correspondence back form the HM Land Registry today that they want me to fill in and send them AP1 form. This is a very long form. I don't understand why do I have to do that?

    Reply
    • Replies to Insaan>

      Comment by AdamH posted on

      Insaan - I assume the entry that you are seeking to cancel is not a Notice then? What's the title number involved please?

      Reply
  62. Comment by Insaan posted on

    It indeed is the notice that I have been trying to cancel.

    Reply
    • Replies to Insaan>

      Comment by AdamH posted on

      Insaan - many thanks. It appears you are applying to have the Notice removed on the basis that it should not have been made. As such HR4 will not apply as the supporting evidence required and referred to on the form does not apply here.
      You should complete form AP1 as a result and as requested. Panels 1-8 (inc) and 15 are the ones you should complete

      Reply
      • Replies to AdamH>

        Comment by Insaan posted on

        So, basically I should not have included that extra note saying that "the notice to protect home right should not even have been made" while sending the form HR4, because then her name would already have been removed in the last week without my having to fill-in and send this AP1 form which according to the internet is used only at the time of selling the property.
        I have confusion about the Panel 4, 5 and 8. Do I have to fill-in Panel-4 and pay any fee? Do I have to fill-in Panel-5 and include any documents? Do I have to fill-in her name in Panel-8. I don't know of her address, is that okay to leave Panel-8 blank?

        Reply
        • Replies to Insaan>

          Comment by AdamH posted on

          Insaan - form AP1 is the generic application form used for an update to the register. Other forms exists, such as the HR4, for very specific applications and HR4 is used to cancel a notice based on a set of very specific circumstances as the form describes.
          As you were applying on the basis that the Notice should never have been entered you are in effect applying for the register to be altered, hence HR4 doe snot apply but form AP1 does.
          Panel 4 can simply refer to Alteration of the register. There is no fee.
          Panel 5 can simply refer to HR4 already submitted
          Panel 8 should refer to anyone you want to be notified on completion of the alteration. I would suggest in these circumstances you leave it blank

          Reply
          • Replies to AdamH>

            Comment by Insaan posted on

            You have been very helpful once again. Just one request, can you please remove the actual title number of my house from my post above for confidentiality reasons. Thanks.

          • Replies to AdamH>

            Comment by Insaan posted on

            Just to let you know that I have now posted the AP1 form which should be with you in a day or two. Thanks.

  63. Comment by Anya posted on

    Hello, I posted my HR4 form and wanted to confirm if this has been processed?

    Reply
    • Replies to Anya>

      Comment by AdamH posted on

      Anya - you will get a letter confirming it has been done once completed/processed

      Reply
  64. Comment by Graham posted on

    I have a court order to transfer my property to my ex wife as part of our divorce settlement. The conveyancing solicitor acting on her behalf has specified this must be a sale. Will this affect me reference CGT and SDLT.

    Reply
    • Replies to Graham>

      Comment by ianflowers posted on

      Graham - as a registration authority we're not directly involved in tax issues/liability. You'd need to check with HMRC and may also want to consider getting some independent advice on your tax position, for example, from Citizen's Advice or from a conveyancer such as a solicitor.

      Reply
  65. Comment by Jennifer posted on

    Hi. Would love some advise. My husband and I are seperating but currently live in the house. He has agreed for me to buy him out. I have the finances to do this and have spoke to our bank about remortging. He wants to buy another property. I know our lenders can tansfere the mortgage to me soley but who will sort taking his name off the deeds. Do we need a solicitor. We are not doing a seperation agreement as yet ,but once I have paid him off I want his name off the deeds then he has no claim to the home at a later date.

    Reply
    • Replies to Jennifer>

      Comment by ianflowers posted on

      Jennifer - Hi. We can only give you administrative advice relating to the completion of our forms and procedures. As there may well be more to consider on separation than just the registration aspect, you may want to consider seeking independent advice, for example, from Citizen's Advice or from a solicitor such as a conveyancer. But please see our general guidance on transferring ownership will give you an idea what's involved administratively in updating the register, particularly the guidance notes shown on the form pages.

      Our blog around DIY conveyancing may also be of interest - https://hmlandregistry.blog.gov.uk/2014/02/24/conveyancing-solicitor-or-diy/ .

      Reply
      • Replies to ianflowers>

        Comment by Jennifer posted on

        Thank you for your reply. I will do this. I understand every case different.

        Reply
  66. Comment by amanda hardman posted on

    In the process of selling house and Title deeds are in a previous name. Since buying the house originally we have been married and now divorced, and I have changed my name by deedpoll to a another name. Land registry want proof of marriage but courts took certificate, will decree absolute suffice along with my deed poll?

    Reply
    • Replies to amanda hardman>

      Comment by ianflowers posted on

      Amanda - It would be best to continue to contact us - https://bit.ly/2F6AtxU directly regarding this as we'll need to consider in the context of the information on the register and the documents already lodged.

      Reply
  67. Comment by Linda posted on

    Linda
    My husband and I have been divorced for 12yrs, my solicitor advised me to put a Home Rights on the property. I would like to take this off of the property, as my x and I want to make other arrangements of settlements. Do I just fill out form HR4, and put my email in section 6, or do I have to use a solicitor. Many thanks

    Reply
    • Replies to Linda>

      Comment by AdamH posted on

      Linda - you can do it yourself using form HR4 and complete all the relevant panels so we'd need a postal address as well to send the confirmation to

      Reply
  68. Comment by Zim77 posted on

    Hi, I am looking to buy a property shortly and this will be in my sole name. I am doing this completely with my own funds and no help from my partner. However he seems to think that if we were to get married in the future he is legally entitled to 50%. I don’t want that as I want to leave any property to my children from my previous marriage and I want him to waive marital home rights what form can I use or does this have to be done through a solicitor/court? Would a pre-nup stand in this scenario? Thanks

    Reply
    • Replies to Zim77>

      Comment by AdamH posted on

      Zim77 - not something we can advise you on and I would strongly recommend that you seek legal advice

      Reply

Leave a comment

We only ask for your email address so we know you're a real person