ABSTRACT
So, if your spouse is the sole owner of the family home, you need to protect your matrimonial home rights by registering a Notice with the Land Registry.
You can register your matrimonial home rights, preventing your spouse from selling or transferring the property to a third party unless they do so with your agreement. Anyone buying the property or lending money on it would carry out what are called ‘Land Registry searches’ as a matter of course – and find your Notice registering your matrimonial home rights. Even if they failed either to carry out searches at all, or to find your Notice, the fact that you did register your matrimonial home rights is enough to protect you. If the house is then sold or mortgaged, this will be done subject to your matrimonial home rights. You can sit tight and the buyer or loan provider cannot turn you out unless you yourself agree to give up your rights!
