Change in matrimonial home rights entries

The Land Registry advises on the important changes to matrimonial homes rights entries which are scheduled to come into practice later this monthFrom 28 May 2001, the Land Registry will automatically serve a notice informing the registered proprietor that an entry relating to a matrimonial home right has been made.

Forms MH1 and MH2 have been amended to include a warning of this change of practice.

Any applications to register or renew a matrimonial home right lodged on an old version of one of the forms, which does not contain that warning, will be put to one side for seven days while the Land Registry checks that the applicant still wishes to proceed with the application.This will be done whether the form was lodged by the applicant in person or by a legal adviser on their behalf.

Therefore, it is important that the new version of the appropriate form is used in urgent cases.This change in practice follows the review of land registry procedures under the Human Rights Act 1998.

It has been introduced because of the significant effect of a matrimonial home right entry on a register of title, and in view of the fact that the registered property is often the most valuable asset that the registered proprietor owns.No request for the withholding of the notice in individual cases will be considered.This change brings land registry practice in line with procedures in other cases where a spouse might apply to the registry, such as the registration of a caution to protect a claim to a proprietary interest or the recording of a notice of severance of a joint tenancy.The service of a notice also gives the registered proprietor a right to challenge the entry at an early stage on the basis that the notice has been incorrectly entered.The applicant spouse only has a right to an entry in respect of one property at a time and over a house which is or was intended to be the matrimonial home.

In some cases the right exists over property in the legal ownership of a third party.

The Land Registry itself is unable to verify that all the necessary conditions are met.

Any comments should be addressed to Linda Chamberlain at Land Registry Headquarters, Lincolns Inn Fields, London WC2A 3PH (DX: 1098 London/Chancery Lane WC2.

Fax: 020 7955 0110 or e-mail: linda.chamberlain@landreg.gsi.gov.uk).