Nature of Matrimonial Home Rights
FLA 1996 ss.30–33: non-owning spouse or civil partner has a statutory right of occupation in the family home — right not to be evicted if in occupation; right to apply to enter if not in occupation. Right is personal; ceases on divorce, dissolution, or annulment; limited to one property at a time.
Registration — Class F and Notice on Register
Unregistered land: Class F land charge (LCA 1972 s.2(7)). Registered land: notice in charges register at HM Land Registry (Form HR1, no fee, without owner's consent). Unregistered MHRs: purchaser for value takes free. Registered notice: purchaser takes subject to rights — sale cannot complete without consent or court order.
Impact on Property Buyers and Landlords
Search charges register or Land Charges register before exchange. Registered notice: seller's spouse or civil partner must consent or court order required before completion. Mortgage priority: registered MHR notice before legal mortgage may take priority. MHR notices not revealed by local authority searches — specific title search essential.
Occupation Orders
FLA 1996 ss.33–38: entitled or non-entitled applicant can apply to court. Orders can regulate, restrict, exclude an owner, allow non-owner to enter, impose conditions (occupation rent; repair). Time-limited for non-entitled applicants (max 6 months; extendable). Court weighs housing needs, financial resources, conduct, children's welfare.
Scotland and Northern Ireland
Scotland: MHFP(S)A 1981 occupancy rights; Form MH1 notice registered in Title Sheet; Form MH2 waiver commonly required by mortgage lenders. NI: Family Homes and Domestic Violence (NI) Order 1998 — equivalent rights; notice registered at Land Registry of Northern Ireland. Civil Partnership Act 2004 extends equivalent rights to civil partners in all UK jurisdictions.