Matrimonial Home Rights Notice

My STBX has placed a Home Rights Notice on my property. I know that this means I cannot sell it, mortgage it, or borow money against it without his consent.

I am very anxious to move. Can I let my property to tenants, on a rental basis without my ex's consent?

Anyone been in this situation? I have the chance to let it. This way I could move (and rent a property myself) in the locaion I want to be.

Thanks.

The HR1 form is used to register the Matrimonial Home Rights on a property. This means that a person with a claim for ancillary relief can ­object­ to any dealings with the property whilst the finances are resolved.

The HR1 can only be used to register rights on a property that was used as the former matrimonial home - as I understand it this means that the person applying must have lived at the property at some stage. Matrimonial Home Rights can only be registered on one property.

It is possible to let the property without consent but it is ill-advised as your ex may seek transfer of the property into her sole name or seek an order for sale of the property - both scenarios would be frustrated by a tenant on an assured shorthold tenancy.

If you seek to mitigate any loss from an empty property you should inform your ex of your intention to let the property to give yourself adequate protection.

Charles

Thanks Charles. Appreciate your reply.

My home was the matrimonial home for a very short time (14 months). My ex has his own home. I actually never lived there but when he placed the notice on my place, I was advised to place a notice on his, which I did.

Land Registry appear to accept Form HR 1, and act accordingly without any investigation or proof. It does seem a bit strange to me.

Anyway, again, your reply was appreciated.

Jasmine Amber