If I Leave My Marital Home What Are My Rights In The UK?
If you have made the decision to leave your marital home during your marriage, it is important to remember that you still have ‘marital home rights’, meaning that you still have the legal right to return to and live in the property, even if you are not named on the mortgage or tenancy agreement.
Marital home rights in England and Wales are available to married couples and those in a civil partnership under the Family Law Act 1996. In this article, we will explain everything you need to know about your marital home rights if you leave your marital home.
Do I lose my rights if I leave the marital home?
Being married or in a civil partnership in England or Wales means that you will keep your legal right to live in your family home, whether you choose to leave temporarily or permanently. This means that if you leave your home, you cannot be prevented from returning, assuming that there is no Occupation order preventing re-entry to the home.
People choose to leave the family home for many reasons during their marriage, before they divorce, or during the divorce process, including for safety, work, schooling, or to move on following separation (or trial separation). Your marital home rights continue until your marriage or civil partnership is legally ended and any financial matters have been resolved, either by agreement or by court order.
What are ‘Marital Home Rights’?
Marital Home Rights are granted to couples who are married or in a civil partnership under sections 30–33 of the Family Law Act 1996. There is no need to apply for marital home rights; you have these automatically.
Whether you are named on the mortgage or not, your right to and share of the marital home remains. If you are cohabiting but not married, your rights depend on other factors such as ownership and contribution to the family home.
The aim of marital home rights is to give spouses and civil partners the security of knowing that they have a home, even if they do not legally own the family home or are not named on the tenancy agreement.
What can I do if my partner tries to deny access to my home?
If your spouse is trying to prevent you from returning to your home, speak to a family law Solicitor as soon as possible who can explain your rights and the best steps to take. It may be necessary to involve the courts and authorities to enforce your right to return to the property.
If your partner denies your right of entry or is otherwise abusive, threatening, or coercive, your Solicitor may need to apply for an emergency Occupation Order, which may prevent them from remaining in their home based on their behaviour towards you.
What can I do to stop my partner from selling the family home?
If the property is in your spouse’s sole name, you can register a Home Rights Notice with HM Land Registry. Doing so will prevent your spouse or civil partner from selling, transferring, or mortgaging the home without your permission. This is because any potential buyer will be informed of your interest, preventing them from completing the purchase. Importantly, you do not need to be living in the property to register your home rights with the Land Registry.
What if children are involved?
In the event of divorce, the court will always treat the welfare of any children involved as the first priority. The parent with day-to-day care of the children is more likely to be allowed to remain in the family home, especially in the short to medium term. The aim is to provide continuity and stability for the children by keeping them in familiar surroundings close to school, friends, and support.
In many cases, the court may make an order allowing the primary carer and the children to remain in the property. This is known as a ‘Mesher Order’, which delays the sale of the property until a trigger event occurs, such as the younger child turning 16, finishing school, or the primary carer remarrying. Decisions made by the court will depend on the children’s needs, the financial resources of both parents, the length of the marriage, and whether either party has another suitable place to live.
Final words
When leaving your marital home, it’s important to know your rights - your partner cannot take away your rights to live in your marital home. When married or in a civil partnership, you have the right to return to your marital home if you decide to leave for whatever reason. Having these marital home rights in the UK gives you and your children important protection and peace of mind knowing that you have a roof over your heads. If you are unsure of your rights or how to protect or enforce your rights, speak to a family law Solicitor who can advise and support you.
Guillaumes LLP Solicitors is a full-service law firm based in Weybridge, Surrey. Our highly experienced family law team can assist you in relation to your marital home rights. To make an appointment, please contact us on 01932 840 111.
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