A Guide to Home Rights Notices 

How to protect your right to stay in the family home during divorce

When going through a divorce or dissolution, it’s natural to feel uncertain about where you stand—especially when it comes to your home. If the property you live in is owned solely by your ex-partner, a Home Rights Notice can help you stay in occupation of the family home until financial matters are resolved. 

At NjP Solicitors, we understand that the uncertainty surrounding your future living arrangements is stressful. This guide walks you through what a Home Rights Notice is, how it works, and how to apply—so you feel informed and protected every step of the way. 

What is a Home Rights Notice? 

In England and Wales, a Home Rights Notice (HRN)—formerly called a matrimonial homes notice—is a legal tool that allows a spouse or civil partner to register their right to live in the marital home, even if they don’t legally own it (if the family home is owned by your partner in their sole name) 

This notice is most often used when a couple separates, and the family home is held in the sole name of one party, and the non-owning spouse wants to protect their interest as a spouse. 

How does a Home Rights Notice work?

By registering a Home Rights Notice with HM Land Registry, the non-owning spouse secures their legal right to occupy the home and places a restriction on the property. This prevents the owning partner from selling, transferring, or remortgaging the property without the non-owner’s knowledge. 

It’s important to note: 

• The HRN does not give ownership of the property. 

• It does give the right to live there and protects the non-owner from being forced out prematurely. 

In essence, it’s a safeguard—recognising the non-owning partner’s interest in the home and protecting them from sudden or unfair dealings with the property while the divorce or financial settlement is still ongoing

Why you might need one 

Without a Home Rights Notice, the property-owning spouse could sell the home, take out loans against it, or make legal changes that could put the non-owning partner at risk of losing their place to live or losing a beneficial entitlement to the equity in the property. 

With a HRN in place: 

• You can stay in the family home while finances are being settled. 

• Anyone searching the Land Registry (like buyers or lenders) will see that you have registered rights to the property (preventing the risk of the property being sold and the property owner retaining 100% of the net proceeds of sale) 

• If your ex does try to sell the home, you’ll be notified—and in urgent cases, you can apply to freeze the sale proceeds until the financial matters are resolved. 

How to apply for a Home Rights Notice 

If you’re going through a divorce and the property is not in your name, it’s wise to speak with a family solicitor first. We can help you understand your rights and make the process smooth and stress-free. 

Here’s how it works: 

• You complete and submit Form HR1 to HM Land Registry. 

• As long as you’re legally married (or in a civil partnership) and the property was your shared home, the notice is usually approved. 

• Once registered, the HRN appears on the property’s title, making your rights visible to third parties. 

How long does a Home Rights Notice last? 

Typically, a Home Rights Notice remains in place until one of the following happens: 

• The Final Order (formerly decree absolute) in your divorce is granted 

• A court order brings the rights to an end 

• One party dies 

• Both parties agree to remove the notice 

It’s important to notify HM Land Registry when your divorce is finalised, so the notice can be removed properly. 

Do I need my ex’s permission? 

No, you don’t need your ex-partner’s consent to register a Home Rights Notice. However, HM Land Registry will notify them in writing once the application is submitted. 

Are all homes eligible? 

Not every property qualifies for a Home Rights Notice. To be eligible: 

• The property must have been your shared matrimonial home or 

• It must have been intended to be your shared home during the marriage or civil partnership. 

Unfortunately, unmarried couples or tenants living in rented accommodation cannot use a HRN. Different legal protections may apply in those cases. 

Can my ex challenge it? 

Your ex-partner cannot “block” the registration of a Home Rights Notice unless there’s a specific legal reason to do so—such as: 

• A court has issued an occupation order, or 

• A final financial order includes terms that end your right to remain.

In summary 

A Home Rights Notice offers vital short-term protection for spouses who don’t own their home but need to stay in it during divorce proceedings. It helps prevent unfair property sales, ensures your rights are respected, and gives you breathing room to resolve financial matters properly. 

At NjP Solicitors, we specialise in protecting your financial interests during divorce. If you’re unsure about whether a Home Rights Notice is right for you, we’re here to help—with full empathy and clarity. 

Contact us today and let’s talk about the best way to protect your home and your future.