Home Rights

The family home is one of the biggest assets in a relationship and knowing what to do in order to protect your rights when your relationship breaks down is vitally important.

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If you are married or in a civil partnership, but not jointly registered on the family home you should register your rights and prevent the sale of the home by registering your ‘home rights’ with the land registry using HR1.

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If you are not married or in a civil partnership you may still be able to demonstrate you have a financial interest in a property.

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Under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) the court can determine the extent of your interest in the property.

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If you have joint ownership in your home, you have the right to remain in it or return to it if you have left. If your ex-partner is violent you can get an order excluding them from the home and allowing you to stay in it.

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If you are unsure where you stand and need advice, give us a call.