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Divorce and separation

This is for people who are married or in a civil partnership and live in England or Wales. It does not apply if you are common law partners or if you are already a joint owner of your home.

Legal advice

We can give general advice on how to lodge applications, but we cannot give legal advice.  If you are not certain what to do, you should take legal advice.


    Protecting your right to live in the matrimonial or civil partnership home

    If your husband, wife or civil partner is the sole owner of your home, you can protect your right to live there by registering a notice of rights of occupation. You can do this even if you are not currently living in the home. It is particularly important to do this if you think they might sell or mortgage your home without telling you.

    If they own the property with someone else, you will not be able to register a notice unless they are the sole beneficial owner (in other words, they would get all the money if the property was sold).

    How to apply

    First of all you need to find out whether your home is registered and whether your husband, wife or civil partner is the sole owner. Check whether a property is registered.

    If your home is registered

    Fill in our Form HR1. There is no fee for this. We will tell you when we have registered your rights, but we must also tell your husband, wife or civil partner that you have made the application.

    If your home is not registered

    Apply for a class F land charge by completing Form K2 and sending it to our Land Charges Department. There is a fee of £1 payable by cheque or postal order made payable to “Land Registry”.

    Find out where to send your applications.


    The court makes a continuation order

    In certain circumstances a court may make a “Continuation Order” which allows your right to live in the home to continue after divorce, annulment, dissolution, or the death of your husband, wife or civil partner.

    If you haven't already protected your rights 

    If the court makes a Continuation Order and you have not already protected your rights to live in your home you should do so as soon as possible. "How to apply", see details above.  

    You must give details of the court order on the application form and, if you are using form HR1, you must also send us an official copy of the court order.

    If you have already protected your rights 

    If you have already protected your rights to live in the home before the court makes the Continuation Order, you should apply as soon as possible to renew the registration so that the court order is officially recorded. Use form HR2 in the case of a registered home or form K8 for an unregistered home. There is no fee if you are using form HR2. You need to send a fee of £1 when you use form K8.

    Find out where to send your applications.


    My husband, wife or civil partner owns more than one home

    If your husband, wife or civil partner owns more than one home, you can only have a notice against one of them. You can change which home you have a right to live in by reapplying on Form HR1 and asking for the right to be transferred to another home.

    See: Can I search against a persons' name to find out what properties they own?


    Cancelling rights to live in the matrimonial or civil partnership home

    Your rights to occupy the home may come to an end by:

    • Divorce or annulment of your marriage
    • Dissolution or nullity of your civil partnership
    • Death of your husband, wife or civil partner
    • Order of the court
    • Release in writing by the person who has registered the notice

    When the rights come to an end, you should cancel the entry protecting your rights.

    If your home is registered

    You can apply to cancel the notice by using form HR4. There is no fee for this.

    If your home is not registered

    You can cancel the class F land charge by completing form K13 and sending it with a fee of £1 to our Land Charges Department.

    Find out where to send your applications.


    Transferring the matrimonial or civil partnership home

    After a divorce or dissolution, there may be a transfer of property between husband and wife or civil partners. This may be by agreement between you or by court order. Most people use a conveyancer for this although it is possible to do it yourself. Filling in the forms to change ownership may be fairly simple but there may be other things that you need to sort out, such as existing mortgage(s) on your home in which case your mortgage lender might insist you use a conveyancer. If you are unsure what to do you may want to take legal advice.

    Your home is registered

    Fill in forms AP1 and TR1:

    You should refer to any court order in panel 11 but you do not need to send it in unless the judge has signed the TR1.

    You will also need to send in evidence of identification.

    There is a fee for this under Scale 2 of our fee order based on the value of the property.

    Your home is unregistered

    Fill in forms TR1 and FR1:

    See an example of completed form FR1 in our Public Guide 13.

    Find out where to send your applications.


    Further Information

    House Price Index

    May 2014: 276.6

    (Jan 1995 = 100)

    Avg. price £172,035 Change:
    Monthly 0.4%
    Annual 6.7%
    Next index: 9.30am, 28 July 2014

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    Our Customer Support team will answer your questions and respond to your requests by email or phone.

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