Registering a Home Rights Notice
What you need to know
A Home Rights Notice should be registered at the Land Registry where a spouse or civil partner is not residing in the matrimonial home and that person's name does not appear on the Title Register, i.e. the property is not in the applicant's name.
Notice of the application is served on the other spouse or civil partner (whose name does presently appear on the Title Register) in all cases, and the notice remains registered until either a financial agreement is made or the court orders otherwise.
How to proceed
1. If you do not have an up to date copy of the Title Register you should obtain one. You will need to pay for this. Please click the 'Current Title Register' link in the menu on the right.
2. Next you need to download form HR1. Please click the 'Form HR1 link in the menu on the right to download it now.
3. Complete Form HR1. The following questions need to be answered:
- Q1 - Insert the name of your local authority, e.g. Wirral Borough Council.
- Q2 - Insert the Title Number of the property. You will find the Title Number at the top of the Title Register, just above the commencement of the 'A' section, as in the example below.
- Q3 - Insert the full address of the property, as it appears in the Title Register. You will find the address at the commencement of the 'A' section of the Title Register, as in the example below.
- Q4 - Although the form refers to fees, no fee is in fact payable, so enter £0 in the fee column.
- Q5 - Insert your full name as it appears in the Title Register.
- Q6 - Insert your address. Ignore the reference to the Key Number and DX box number. If you have an email address you should insert this, and should also insert your telephone number.
- Q7 - Insert the address/addresses where you wish the Land Registry to contact you. This may include an email address.
- Q8 - Insert the full name of your spouse or civil partner, as appears in the Title Register.
- Q9 - You can only register a Home Rights Notice on one property at a time, so if you have one registered against a former matrimonial home you need to provide details. The former registration will be cancelled and replaced with the one you are now making. Where there is a prior registration the question then asks you to confirm if it was registered under the Land Charges Act 1972 (and to supply the registration number) or the land Registration Act 2002 (and to supply the title number). The Land Charges Act relates to properties that have not been registered at the Land Registry.
- Q10 - This question asks if an order has been made under section 33(5) of the Family Law Act 1996. Such an order usually follows matrimonial proceedings in a county court. Tick the box to indicate if such an order has been made, and if it has, you need to enclose a copy of the order with it, which you can obtain from your solicitor or from the court. You should ignore the tick box for the conveyancer (the last one).
- Q11 - You should date and sign the form.
4. Once you have completed Form HR1 you should then send it to the Land Registry together with (if applicable) a copy of an order made under section 33(5) Family Law Act 1996.
You should look at the top of the Title Register, just above the Title Number. The Land Registry office dealing with your property is shown. You will need to look up their address, using the following link:
No fee is payable for this application, and no covering letter is necessary.
HM Land Registry Forms Required
These forms are provided free of charge. Please click the links below to downlad them directly.
Associated Documents You May Require
You may need an up to date copy of your Title Register to be able to complete the forms. If you do, then this can be obtained via our website for our standard fee. Alternatively it can also be obtained directly from HM Land Registry at a reduced cost.