My home is in my (ex) partners name - Your rights to the property you currently live in - Long term housing options - Practical Help - Domestic Violence Forum - The London borough of Barking and Dagenham.

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Long term housing options

Your rights to the property you currently live in

My home is in my (ex) partners name

If your home is in your (ex) partner's sole name and you are married to him you have an automatic right to carry on living in the property whether he wants you to remain there or not.

You also have the right (without the liability) to pay the rent or mortgage and the landlord cannot evict you from the property (even if your (ex) partner has left) provided that you are not in breach of the tenancy agreement.

These are some of your "matrimonial home rights" given to you under the Family Law Act. These rights only apply to the matrimonial home which is usually the home in which you have lived together as husband and wife.

They only last as long as the marriage does which means that they would come to an end if your husband died or if you got divorced. If you are living in your husband's home and wish to remain there you should consider taking legal steps (with an occupation order injunction) to extend these rights beyond the end of your marriage.

If your husband is the sole owner of your home you should register your rights with the Land Registry Office. This will prevent him from selling the property and from taking loans against the value of the property (e.g. by re-mortgaging it) without your consent.

It is quite easy to register your interest but you need to remember that your husband will be informed that you have registered a claim on his property. You can download further details about how to register your Matrimonial Home Rights from the Land Registry who provide a guide on this called the Land Registry Public Guide 4.

NB Matrimonial Home Rights are currently only available to heterosexual married couples. When the Civil Partnership Act comes into effect on 21st December 2005 lesbian and gay couples who register their civil partnership will gain an equivalent package of rights.

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Barking and Dagenham Domestic Violence Forum