Olu owns the family home in England in his sole name. His wife, Ada, is not on the title and fears he will sell it without her knowing. What can she do to protect her right to occupy?
A spouse or civil partner who does not own the home has statutory 'home rights' to occupy it (Family Law Act 1996 s30). To protect them against a buyer or lender, the spouse registers a notice at HM Land Registry (a Class F land charge for unregistered land). Lenders and buyers then see it on the register. Being added to a mortgage does not make someone a legal owner, and a will cannot affect a living person's property.
Thinking a non-owning spouse has no protection or must be on the mortgage to have rights.
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