Staying in your partner's property during a divorce or separation
Printable version
1. Overview
You can register your 鈥榟ome rights鈥� with HM Land Registry - this can help stop your partner from selling your home.
Your rights are different if you own the property jointly with your spouse or civil partner.
You cannot apply for home rights if your spouse or civil partner owns the property with someone else - unless your spouse or civil partner would get all the money if the property was sold (also known as being the 鈥榮ole beneficial owner鈥�).
This guide is also available in Welsh (Cymraeg).
If you鈥檙e not married or in a civil partnership, .
Before you apply for home rights
You鈥檒l need to know if the property is registered in your partner鈥檚 name, and its title number if it is.
You can search the register to find this information.
How to apply
You must complete a different application process for home rights depending on whether:
How long you can stay in the property
You can usually only live in the property until the divorce, annulment or dissolution has been finalised and a court settlement agreed.
You may be able to continue living in the property for longer, for example during an ongoing dispute about who owns what, if a court has made a 鈥榗ontinuation order鈥� allowing you to do this.
What else you can do
You may be able to take legal action against your partner if they try to:
- make you move out
- stop you moving back into a home you鈥檙e not currently living in, for example if you moved out temporarily
A solicitor can advise you about this.
2. Apply if the property is registered
Download and fill in the application for registration of a notice for home rights.
Send it to HM Land Registry鈥檚 Citizen Centre. There鈥檚 no fee.
HM Land Registry
Citizen Centre
PO Box 7806
Bilston
WV1 9QR
You鈥檒l get a letter from HM Land Registry telling you when they鈥檝e registered your rights. Your spouse or civil partner will also get a letter telling them you鈥檝e done this.
If you want to move to a different property
You can only protect your right to live in one property at a time.
You can ask HM Land Registry to transfer your home rights to another property owned by your spouse or civil partner if you鈥檝e already got home rights for one property.
Download and fill in the application for registration of a notice for home rights.
Send it to HM Land Registry鈥檚 Citizen Centre. There鈥檚 no fee.
HM Land Registry
Citizen Centre
PO Box 7806
Bilston
WV1 9QR
Follow the application process for unregistered properties if the property you鈥檙e moving into is not registered - you can search the register to find out if it鈥檚 registered.
Staying in the property after divorce or separation
You may be able to continue living in your home for longer, for example if a court has made a 鈥榗ontinuation order鈥� allowing you to do so during an ongoing dispute about who owns what.
How you apply depends on whether you鈥檝e already registered your home rights.
Download and fill in either an:
- application for renewal of registration in respect of home rights - if you鈥檝e registered your home rights
- application for registration of a notice for home rights - if you have not registered your home rights
Send the form, along with an official copy of the court鈥檚 continuation order, to HM Land Registry鈥檚 Citizen Centre. There鈥檚 no fee.
HM Land Registry
Citizen Centre
PO Box 7806
Bilston
WV1 9QR
You鈥檒l get a letter from HM Land Registry telling you when they鈥檝e registered your continued rights. Your ex-spouse or civil partner will also get a letter telling them you鈥檝e done this.
3. Apply if the property is unregistered
Download and fill in the application for registration of a 鈥楥lass F Land Charge鈥�.
There鈥檚 a 拢1 fee - payment instructions are on the form.
Send the form and payment to the address on the form.
If you want to move to a different property
You can only protect your right to live in one property at a time.
You can ask HM Land Registry to transfer your home rights to another property owned by your spouse or civil partner if you鈥檝e already registered your right to live in one property.
Download and fill in the application for registration of a 鈥楥lass F Land Charge鈥�.
There鈥檚 a 拢1 fee - payment instructions are on the form.
Send the form and payment to the address on the form.
Follow the application process for registered properties if the property you鈥檙e moving into is registered - you can search the register to find out if it鈥檚 registered.
Staying in the property after divorce or separation
You may be able to continue living in your home for longer, for example if a court has made a 鈥榗ontinuation order鈥� allowing you to do so during an ongoing dispute about who owns what.
How you apply depends on whether you鈥檝e already registered your home rights.
Download and fill in either an:
- application for the renewal of a registration of a 鈥楥lass F Land Charge鈥� - if you have home rights
- application for registration of a 鈥楥lass F Land Charge鈥� - if you do not have home rights
There鈥檚 a 拢1 fee - payment instructions are on the form.
Send the form and payment to the address on the form.
You鈥檒l get a letter from HM Land Registry when they鈥檝e registered your continued rights.
Your ex-spouse or civil partner will also get a letter telling them you鈥檝e made the application.