When a spouse or civil partner is not named on the title to the family home they still have rights of occupation of the property. 

If your marriage or civil partnership breaks down and the family home is held in the sole name of your spouse or civil partner you should consider registering your Home Rights. This is not difficult to do as it just involves sending a short form to the Land Registry to be processed. You could do it yourself or, if you have a solicitor instructed, ask them to do it for you. 

Your Home Rights would then be registered against the title to the property in the Land Registry’s central database. While it wouldn’t prevent your spouse or civil partner from selling the property it would be likely to put off an innocent prospective purchaser as their solicitor would raise a concern that the property is a matrimonial asset that appears to be the subject of a dispute. 

George Green’s Specialist Family and Divorce Lawyers give advice regularly on the financial aspects of divorce. If you wish to discuss your matter please Jane Williams on 01384 340 528 (jwilliams@georgegreen.co.uk) at our Cradley Heath office.  We represent clients from the West Midlands and beyond including Dudley, Stourbridge, Cradley Heath and Wolverhampton.