Staying in your partner's property during a divorce or separation

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Apply if the property is registered

Download and fill in the application for registration of a notice for home rights.

Send it to HM Land Registry’s Citizen Centre. There’s no fee.

HM Land Registry
Citizen Centre
PO Box 74
Gloucester
GL14 9BB

You’ll get a letter from HM Land Registry telling you when they’ve registered your rights. Your spouse or civil partner will also get a letter telling them you’ve done this.

If you want to move to a different property

You can only protect your right to live in one property at a time.

You can ask HM Land Registry to transfer your home rights to another property owned by your spouse or civil partner if you’ve already got home rights for one property.

Download and fill in the application for registration of a notice for home rights.

Send it to HM Land Registry’s Citizen Centre. There’s no fee.

HM Land Registry
Citizen Centre
PO Box 74
Gloucester
GL14 9BB

Follow the application process for unregistered properties if the property you’re moving into is not registered - you can search the register to find out if it’s registered.

Staying in the property after divorce or separation

You may be able to continue living in your home for longer, for example if a court has made a ‘continuation order’ allowing you to do so during an ongoing dispute about who owns what.

How you apply depends on whether you’ve already registered your home rights.

Download and fill in either an:

Send the form, along with an official copy of the court’s continuation order, to HM Land Registry’s Citizen Centre. There’s no fee.

HM Land Registry
Citizen Centre
PO Box 74
Gloucester
GL14 9BB

You’ll get a letter from HM Land Registry telling you when they’ve registered your continued rights. Your ex-spouse or civil partner will also get a letter telling them you’ve done this.

View a printable version of the whole guide

Part of Get a divorce: step by step

  1. Step 1 Get support and advice

    You can get support or counselling to help you through the divorce process.

    1. Get support and advice from Relate
    2. Find a counsellor on Counselling Directory

  2. Step 2 Check if you can get divorced

    1. Check if you can get a divorce
    2. Get legal advice if you want help with the divorce process

  3. Step 3 Make arrangements for children, money and property

    1. Make arrangements for your children
    2. Divide your money and property
    3. Check if your divorce will affect whether you can live in your current home

  4. Step 4 Apply for a divorce

    1. Apply for a divorce online or by post £593
    2. Get help with court fees
    3. Get legal advice
    4. Get help if your husband or wife cannot make decisions for themselves

  5. Step 5 Apply for a ‘conditional order’ or ‘decree nisi’

    1. Apply for a ‘conditional order’ or 'decree nisi'

  6. Step 6 Finalise your divorce

    1. Apply for a ‘final order’ or 'decree absolute'

  7. Step 7 Report that your circumstances have changed

    You also have to tell other government organisations that you're getting divorced if: