If you are not on the title deeds to your main family home, then you may still have rights of occupation in relation to the family home on the basis of your marriage. These rights are referred to as ‘home rights’ and in essence mean that if you are already living in the home, then it is a right not to be evicted and if you are not living there, then it is a right to resume occupation. One of the ways to secure this is to apply to the Land Registry for a charge to be placed on the title register which will ensure that should the owning spouse decide to sell or transfer the home, then a prospective buyer is alerted to the fact that there is someone who has a right to occupy the property. The charge placed on the title register acts as a red warning light to interested buyers and will almost always put them off giving time for the parties to resolve their differences.
For those who are unmarried, you could apply to the court for an ‘Occupation Order’ which when granted, will regulate the terms of occupation for the parties in the home. The class of applicants include same sex couples and ‘associated persons’ who also include former partners and relatives. Other ways to remain in occupation include establishing a licence to occupy – similar to a tenancy, establishing an interest as a tenant in common or applying for a court Order under the Children Act if there are minor children.
Not being named on the title deeds does not mean no right to occupy. Know your rights and get legal advice of your options.