Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, whether her Department has considered introducing additional safeguards within the land registration process to alert spouses, civil partners or individuals with parental responsibility where a jointly occupied family home is being sold, transferred or remortgaged.

HM Land Registry (HMLR) maintains the register of title. The register records legal ownership and interests which affect it. It does not record who is in occupation of the property, or whether it is a family home. Someone who is preparing to buy or take a mortgage over a property can make an official search to protect their disposition (often shortly before they complete the transaction), but applications to register transfers and mortgages are sent to HMLR after they have been completed.

Spouses and civil partners who have rights of occupation in the family home which are a charge on the property under the Family Law Act 1996 can apply for entry of a notice of home rights against the registered title. Entry of the home rights notice protects the priority of the rights against subsequent registrable dispositions, including transfers and mortgages. It is not anticipated that this protection will be sought until the marriage or civil partnership appears to be in jeopardy.

HMLR also offers a free Property Alert service which is intended to help protect against property fraud. The service allows subscribers to be notified of official searches and applications against properties they are monitoring. Further information can be found here.

HMLR does not have any current plans to introduce an alert for occupiers of family homes within its registration process.