Form K2

WHAT IS FORM K2 USED FOR?

Form K2 is used to register a ‘Notice of Home Rights’ (also called a land charge) on an unregistered property at the land charges department. This is very important for all ex-partners whose marital home is SOLEY owned outright by the other ex-partner. A notice of home rights will prevent your ex-partner from selling or re-mortgaging your marital home and protect your rights to occupy your marital home.

A unregistered property is one that is NOT listed on the land registry central register. The details who owns the property are detailed on the title deeds.  The title deeds are either with the mortgage lender or with the owner of the property.

Form K2 is used to register home rights/land charge on an unregistered property until the court issues a final order/decree absolute. This is a legal document stating your marriage has ended.

If you have already registered your home rights/land charges on an unregistered property using form K2 but want to continue living there after the divorce, the court can issue a continuation court order. You can use form K8 to apply for renewal and send the continuation court order with form K8 to the land registry. 

LINK TO OUR L.I.P HELP GUIDE FOR FORM K8

For details on which forms to use to register, transfer, renew or cancel your home rights for registered and unregistered properties please click on the link below.

LINK TO OUR L.I.P HELP GUIDE FOR YOU AND YOUR MATRIMONIAL HOME RIGHTS

ARE THERE ANY GOVERNMENT OR OUR OWN L.I.P HELP GUIDES OR WRITE UPS TO HELP YOU COMPLETE FORM K2 ?

Page 2 of form K2 has explanatory notes to help you complete form K2

There are no other specific government guides to help you complete this form. However, you can read the government ‘Practice Guide 63: Land Charges – Applications for registration, official search, office copy and cancellation.

LINK TO GOVERNMENT PRACTICE GUIDE 63: LAND CHARGES – APPLICATIONS FOR REGISTRATION, OFFICIAL SEARCH, OFFICE COPY AND CANCELLATION. 

As stated above you can also read our L.I.P Help Guide for you and your matrimonial home rights for background information. Please click on the link above.

You can write to The Land Charges Department and ask a question. Their address is The Superintendent, Land Charges Department, Registration Department, PO Box 292, Plymouth, PL5 9BY. You can call them on 0300 006 6616 Monday – Friday 8am to 5pm. 

WHAT IS THE FEE TO SEND FORM K2 TO THE COURT AND HOW TO PAY FOR IT?

This Help Guide was written on 26-10-2021 and on that date there was no fee to send this form in to the land charges department.

HOW TO COMPLETE FORM K2 AND WHERE TO SEND IT.

Once you have submitted your completed form K2, the land charges department will send a notice of your application to your ex-partner who is the owner.

You can only have 1 home rights/land charge registered against only 1 property/home at any one time with respect to your ex-partner.

• NOTE 1 – If you are completing and sending this form in then you are known as the applicant. The applicant is the person asking for the home rights/charge.
• NOTE 2 – You can complete this form online and then print a hard copy. Alternatively you can download it, print it and then complete by black pen. 
• NOTE 3 – Please keep a copy of your form K2 and any letters for yourself outside of the ones you send to the land charges department.
• Form K2 is 2 pages long.
• There is no requirement for a covering letter with your form K2 or any attachments to support your application unless it is for the purpose of waiting for a land registry reply as stated 8 paragraphs below.
• The box at the top of the form will ask you if there are any subsisting registration of rights of occupation or home rights which affect a dwelling/house other than that referred to in this application. You will need to answer ‘yes’ or ‘no’ and give the address and registration details in the boxes provided if you have answered ‘yes’. 
• The box underneath will ask you to write the name and address of the person who is claiming the home rights/benefit of the charge.
• The next box underneath will ask you to write details about any court order related to your application for home rights.
• The next box underneath will ask you to write down the details of the dwelling/house you are asking home rights for. Please write the details of the county, borough, administrative county, district or unitary authority area.
• The box underneath will ask you to write down the details of the owner.
• The box underneath will ask for a key number – please leave this blank as this is for professionals.
• The next box underneath will ask you to write down your name and address (including your postcode).
• You will now be asked to certify that the dwelling/house this application is in relation to is not registered with the Land Registry – you will be asked to sign and date the form. Please note if you have not had a chance to determine whether the dwelling/house is registered with the land registry but there is an urgency to get a home rights/charge then please cross out the certify statement and attach a letter certifying that you – the applicant – has applied for an official search at land registry. You must state that you take an undertaking that if this search comes back stating the dwelling/house is registered then you will cancel this application.  
• You must send your completed form K2 to The superintendent, Land Charges Department, Registration Department, PO Box 292, Plymouth, PL5 9BY.

WHERE CAN YOU FIND FORM K2 /DOWNLOAD THIS FORM?

Please click on the link below to download form K2 from the government website. Please complete and send by post (signed for recorded delivery) to the land charges department.

LINK TO GOVERNMENT WEBSITE FOR FORM K2

WHEN WAS FORM K2 FIRST PUBLISHED AND LAST UPDATED?

Form K2 was first published by the government (HM Land Registry) on 31-10-2013 and last updated 01-07-2019.