RIGHTS OF OCCUPATION OF THE MATRIMONIAL HOME

Since 1967 spouses have had the statutory right of occupation of the matrimonial home. Married couples have the rights of occupation, but not unmarried cohabitants. This applies regardless of which of the spouses is the legal owner. That is who is on the title deeds.

This only applies to the matrimonial home, not any other property that the couple might own. Spouses must choose which is the matrimonial home.

The courts may regulate or alter the matrimonial home rights in various ways.

• They might restrict or end those rights.
• They may take the various criteria into account, such as: the conduct of the spouse, their housing needs and their financial needs.
• The housing needs of any children.
• Any significant harm likely to be suffered by the parties.

Therefore the statutory right of occupation means that the spouses entitled to occupation may not be evicted or excluded from the dwelling house or any part thereof by the other spouse save with the leave of the court given by an order. If the spouse is not in occupation then the rights entitle the applicant spouse with the leave of the court to enter and occupy the dwelling house.

The court can even exclude the spouse who has the legal title to the property.

Matrimonial rights are an equitable interest, which is registrable against the title so it is binding on the owning spouse and third parties such as purchasers. Any registration will be actual notice to any purchaser.

Any spouse who has the right to occupation of the matrimonial home has the right to pay the rent or the mortgage directly to the landlord or mortgagee. It must be accepted. These rights last until divorce or the death of either spouse.