LEGAL EAGLE: Can my husband sell our martial home without my permission?

The answer to this question really depends on exactly how the property is owned.

If the house is in the joint names of you and your husband, then the answer is no, he would need your permission before he could sell the property.

Alternatively, if the house is in your sole name, then your husband would have no right to sell the property.

However, if the property is in your husband’s sole name, then yes, he is able to sell the home without your permission or knowledge.

However, as you are married you are able to apply for a Marital Home Rights Notification.

This is a charge that is added to the title documents of the house held by the Land Registry, which registers your interest in the home and tells any potential purchaser’s that the home should not be sold without your permission.

If your husband was to put the house up for sale then his solicitor and the solicitor for the buyer should all raise questions about whether your permission had been sought.

In order to register your home rights you need to fill out an HR1 form and submit it to the Land Registry.

There is no cost for submitting this form, however, you will need information such as the title number for the property and may therefore need to request official copies of the title documents from the Land Registry, these cost a small fee.

Please note that it can take some time for the Land Registry to process your application and so you should do this as soon as possible.

If the above situation sounds similar to yours, or you have another family matter you would like advice on, please do not hesitate to get in touch.

If you are intending to apply for a divorce, or are already going through the divorce process, you should always seek advice on the marital finances, even if you do not believe there are any assets to be divided.

If you are seeking further advice please get in touch by calling Ben Hoare Bell LLP on 0191 565 3112 or email [email protected]