Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Home rights definition

What does Home rights mean? In practice, home rights describe a spouse’s or civil partner’s statutory right to occupy the family home even where the legal title is held solely by the other party, typically during relationship breakdown. England and Wales: Defined in the Family Law Act 1996 (Part IV). Key features include a right to occupy (or not be excluded) except by court order, and the ability to protect the right against third parties by registering a home rights notice on registered land or a Class F land charge on unregistered land. Properly protected, the right can bind purchasers. It is personal, non-transferable and usually...

Home rights in England and Wales: eligibility, registration for registered/unregistered land, effect, restrictions, termination, extension and cancellation under FLA 1996, LRA 2002 and LCA 1972

Published by a LexisNexis Family expert

Practice notes

During the life of a marriage or Civil partnership, where one spouse or Civil partner has a right to live in a property by reason of a beneficial Estate, interest, contract or statute, the spouse or civil partner not named on the legal title may register Home rights (previously called matrimonial home rights) as a charge against the property under the Land Charges Act 1972 (LCA 1972) or the Land Registration Act 2002 (LRA 2002), depending on whether the property is unregistered or registered. The rules on home rights are contained in Part IV of the Family Law Act 1996 (FLA 1996) and in FLA 1996, Schedule 4. Where the home is owned jointly, both at law and in equity, by the spouse or civil partner together with the other spouse or civil partner, protection under the FLA 1996 is unnecessary. Home rights concern occupation only; they confer no proprietary interest of any sort in the family home. They are personal entitlements not to be evicted or excluded, and to enter and reside if not already in occupation of the home. Under the FLA 1996, protection is also extended to...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...