Part of: Financial Settlement after Divorce
If the home is in your ex’s sole name, a UN1 form lets you put a warning about your claim on its title at HM Land Registry, but only for certain kinds of claim. You may be lying awake wondering whether they could sell the house, or borrow against it, before you settle your share. A unilateral notice records your interest on the register without the owner’s consent (Land Registration Act 2002, s.34), and the registry then tells the owner (s.35). Our guide to financial settlement after divorce shows how the home fits into the rest of your finances.
Below: what form UN1 is, which claims it protects, how it differs from a restriction and from home rights, and where people go wrong. It covers England and Wales only. Nor is it a form-filling guide, because the right entry depends on how your claim arose.
Reviewed by: Garry Steedman, Family Law Consultant (Divorce, Children & TOLATA), Kabir Family Law
Key takeaways
- It flags a claim, but proves nothing. A notice protects the priority of your interest only if that interest is valid (Land Registration Act 2002, s.32(3)).
- The owner can challenge it. Once they apply to cancel, you have 15 working days to object, or up to 30 if the registry agrees (Land Registration Rules 2003, r.86).
- A share under a trust needs another route. The law bars notices for interests under a trust of land (s.33).
- It does not freeze a sale. A restriction or a court order does more (s.40).
- Careless entries carry risk. Applying without reasonable cause can leave you owing damages (s.77).
What is a UN1 form, and what does it protect?
Form UN1 is HM Land Registry’s application to enter a unilateral notice: an entry on a property’s title about someone else’s interest in it (GOV.UK: form UN1). You need neither the owner’s consent nor any evidence. Instead, the registry checks only that your interest is a type this notice can protect (practice guide 19).

If your claim is valid, the entry protects its priority against a later buyer or lender who pays and registers their deal. That is priority, not proof: a notice “does not necessarily mean that the interest is valid” (s.32(3)). It only works on a registered property, and you can see whose name is on the title register online for £7 (GOV.UK).
So treat it as a flag, not a verdict. A notice lodged without reasonable cause can leave you facing a damages claim.
Which claims can form UN1 protect after a separation?
Those closest to a separation, from the practice guide’s list, include (PG19, Appendix A):
- A court claim about the home. In a divorce, you can ask the court to order a transfer of property (Matrimonial Causes Act 1973, s.24). Once you apply, a claim that affects the legal title counts as a “pending land action”.
- A promise you relied on. A claim that the owner’s assurances gave you a right in the property (proprietary estoppel).
- A charge over the property. An equitable charge over the home itself, not over one owner’s share.
Some things look like claims but are not: a promise of part of the sale money, or a debt with no security behind it. Detail matters on a UN1 form too. Vague details of a court claim can lead to questions and delay, just when you fear a sale.
Why can’t form UN1 protect a share under a trust?
Perhaps you are not on the title, but you believe you own part of the home because of what you put in or what you both agreed. In law, that share is usually an interest under a trust of land, and the register cannot take a notice for it (Land Registration Act 2002, s.33(a)(i)).
The route for a trust share is a restriction, through a Land Registry RX1 application. The guide generally points to a “Form A” restriction, so a buyer must pay the sale money to two trustees or a trust corporation. However, a sale that pays two trustees can still go ahead. Your marriage, or your divorce, is not enough by itself either: the application must explain how your share under the trust arose (PG19).
If you never married, you can bring a claim about the home under trusts law (TOLATA 1996, s.14), as our guide to property claims for unmarried couples explains. Choose a notice for a trust share, and the register may show nothing while you believe you are safe.
How is a UN1 form different from a restriction?
A notice protects a claim’s priority. A restriction controls when the register can change for a sale or a mortgage (s.40). A spouse’s right to live there has its own form (practice guide 20).
| Entry | What it does | Who can ask | The catch |
|---|---|---|---|
| Unilateral notice (form UN1) | Protects a valid claim’s priority | Anyone with a qualifying interest; no consent needed | The owner can apply to cancel at any time |
| Agreed notice (form AN1) | The same protection | The owner, or with consent or enough evidence | Without consent, your evidence must satisfy the registry |
| Restriction (form RX1) | Blocks registering a sale or mortgage unless someone satisfies its terms | The owner, or with consent or a sufficient interest | A Form A restriction still allows a sale that pays two trustees |
| Home rights notice (form HR1) | Protects a spouse’s or civil partner’s right to live there | A spouse or civil partner; agreed notice only | It usually ends with the marriage |
Home rights cover living in the home, not a share of its value (Family Law Act 1996, s.30), and registering them is free. Our guide to occupation orders explains them. Pick an entry that does not fit your claim, and the protection may be missing when a buyer appears.
What happens once HM Land Registry receives form UN1?
After you apply, the steps usually run like this (2002 Act, s.36):
- The registry checks the type of claim. It reads your statement, not proof.
- The notice goes on the title. It shows you as beneficiary, with your address for service.
- The owner hears about it. The registry must tell the registered owner once the notice is on the title (s.35).
- The owner may apply to cancel. They can use form UN4 at any time, without giving a reason.
- Your clock starts. After the registry writes to you, you have until noon on the 15th working day to object and show an arguable case, or up to the 30th if the registry agrees (r.86). Stay silent, and the registry must cancel the notice.
An objection you cannot settle goes to a tribunal, and you can remove the notice yourself on form UN2, free. Registry letters go to your address for service, so move house and miss one, and the registry can cancel the notice before you know about the challenge.
Can a UN1 form stop your ex selling or remortgaging?
Not on its own. A notice protects a valid claim’s priority but does not lock the title, while a restriction can keep a sale or new mortgage off the register until someone satisfies its terms (s.40).
If you have brought a financial claim in your divorce, and fear your spouse is about to sell to defeat it, the court can restrain that dealing (Matrimonial Causes Act 1973, s.37(2)(a)). A restriction can also protect a freezing order, whether applied for or granted (PG19), and our guide to a freezing order during a divorce explains when courts make one. For a spouse not on the title, registering home rights “can help stop your partner from selling your home” (GOV.UK).
Timing is the real danger. Once your spouse sells the home to a buyer who paid in good faith, without notice of any plan to defeat your claim, the court cannot set that sale aside under section 37 (s.37(4)). By then, the home itself may be out of reach.
If you think a sale or new mortgage could be close, book a free initial consultation before you send anything to the registry. One of our specialists will give you initial advice on which kind of protection fits your situation.
What can go wrong if you use form UN1 without good reason?
Nobody may apply for a notice or restriction “without reasonable cause”, and anyone who suffers damage from a breach can rely on that duty (Land Registration Act 2002, s.77). So if an entry made without reasonable cause holds up a sale, the owner can sue you for their loss. Other traps:
- A dishonest statement. The UN1 form warns that a knowingly untrue or misleading statement, made dishonestly to gain or cause loss, may be fraud (GOV.UK: form UN1).
- Your words become public. Most registry documents, including the form, are open to public inspection, though you can apply to exempt prejudicial parts.
- The owner sets the pace. An application to cancel puts you on the registry’s timetable, not yours.
A notice sent in anger can turn one argument about money into two, and the second sits on a public register.
Where does form UN1 fit with divorce finances?
For married couples, a claim to the home usually belongs in the financial side of the divorce. If you cannot agree, you ask the court for a financial order on Form A (GOV.UK). Once that application seeks an order about the home that affects the legal title, the registry treats it as a pending land action a UN1 form can protect. An application aimed only at a trust share your spouse holds does not qualify.
After the court’s final financial order, nothing is pending, and the guide says registering a transfer that carries out the order is usually more appropriate. If you settle, a financial consent order makes your agreement binding once a court approves it (GOV.UK).
Home rights normally end with the marriage, unless the court orders otherwise (Family Law Act 1996, s.31(8)). Reach the divorce final order before anyone protects or deals with the home, and a right you relied on can vanish with it.
Before you send a UN1 form: where do you stand?
These points show where you stand. They cannot tell you which entry you need, or how strong your claim is.
There is no score. Anything you cannot tick yet is worth raising before any entry goes on the register.
The calls a checklist can’t make for you
- Whether a notice can protect your claim at all.
- Which step fits the risk you face: a notice, a restriction or an application to the court.
- How the entry fits with your financial claim and any later agreement.
- What to do if the owner applies to cancel and the 15-working-day clock starts.
These depend on the facts of your case, and they are easier to get right now than after a challenge.
Book a free initial consultation
One of our specialists will give you initial advice on your situation.
Frequently asked questions
Is there a fee for form UN1?
Yes. HM Land Registry’s fee guide lists £20 for up to 3 titles through its portal, or £40 by post. Registering home rights on form HR1 is free.
Will the owner find out about the notice?
Yes. The registry must tell the registered owner once the notice is on the register. The owner does not usually hear beforehand, but can apply to cancel it at any time afterwards.
How does a unilateral notice come off the register?
The owner can apply to cancel it on form UN4, and the registry cancels it if you do not object in time or cannot show an arguable case. Or you, as beneficiary, can remove it on form UN2 at no cost.
Can a joint owner use form UN1?
Not to protect their own share. Joint owners hold the home on trust, and a notice cannot protect an interest under a trust. The registry enters a Form A restriction unless the owners declare they are beneficial joint tenants.
Is UN1 the right form for a spouse not on the title?
Not for the right to live there. Home rights can only go on the register as an agreed notice on form HR1. A UN1 may still suit a separate claim, such as a pending court application about the home.
Worried your ex could sell or remortgage the home? Get advice before they act
The wrong entry, or the right one too late, can leave you exposed just as a sale goes through. Book a free initial consultation and one of our specialists will give you initial advice on your options. You can also read more about financial settlement after divorce.
Expert Tip
Clients often ask us whether a UN1 will stop an ex selling the family home. On its own, it protects the priority of a valid claim, and the owner can challenge it at any time. Before anything goes to the registry, be clear what your claim is and how it arose, because that decides whether you need a notice, a restriction or a court order. Get it wrong, and the protection may not be there when it matters most.
Iblal Iqbal, Partner & Family Law Strategist





