{
  "url": "https://openlegislation.uk/family-law-act-1996/schedule-4/paragraph-5",
  "json_url": "https://openlegislation.uk/family-law-act-1996/schedule-4/paragraph-5.json",
  "legislation": "ukpga/1996/27",
  "legislation_title": "Family Law Act 1996",
  "legislation_url": "https://openlegislation.uk/family-law-act-1996",
  "path": "schedule/4/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": null,
  "text": "(1) A spouse or civil partner entitled to home rights may by a release in writing release those rights or release them as respects part only of the dwelling-house affected by them.\n(2) Where a contract is made for the sale of an estate or interest in a dwelling-house, or for the grant of a lease or underlease of a dwelling-house, being (in either case) a dwelling-house affected by a charge registered under section 31(10) or under section 2 of the Land Charges Act 1972, then, without prejudice to sub-paragraph (1), the home rights constituting the charge shall be deemed to have been released on the happening of whichever of the following events first occurs—\n(a) the delivery to the purchaser or lessee, as the case may be, or his legal representative on completion of the contract of an application by the spouse or civil partner entitled to the charge for the cancellation of the registration of the charge; or\n(b) the lodging of such an application at Her Majesty’s Land Registry.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 4 para. 5(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 15(9); S.I. 2005/3175, art. 2(1), Sch. 1"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 4 para. 5(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 15(10)(a); S.I. 2005/3175, art. 2(1), Sch. 1"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 4 para. 5(2)(a) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 121(c) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (subject to arts. 6, 9)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Sch. 4 para. 5(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 15(10)(b); S.I. 2005/3175, art. 2(1), Sch. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1996/27/schedule/4/paragraph/5",
    "retrieved_at": "2026-10-29T09:31:06.048320+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}