I transferred my home rights to another property

Yes but my BTL was a marital asset but that did not give my ex the right to register MHR because it was never the family home intended to be the family home. If all the properties other than the FMH were purchased as BTLs then the only one you can register MHR against is the FMH.

Hi Littlemrmike.

When my husband bought the house he rents to my daughter it was before we got married. It was meant to be the family home for him and his children. He then bought another house for rental purposes but decided to live in the 2nd one and rent the 1st one. The first property has a residential mortgage and the 2nd property (the one we all lived in) is a buy to let. I thought all our property is considered marital asset?

I google the question if I can live in another property owned by spouse.

www.gov.uk says 'If you want to move to a different you can only protect your right to live in one property at a time. You can ask Land Registry to transfer your home rights to another property own by your spouse or civil partner if you have home rights for one property'. I did this and was granted home rights, but not on the marital home but on another property that is owned by my spouse.

So he lives in the one with a buy to let mortgage and rents out the one with a residential mortgage?
I guess you could argue that it was intended to be the family home and use the fact the he obtained a residential mortgage on it and never changed to BTL if he ever challenges the MHR.
It sounds like he may have breached the terms of both the mortgages.

I was just thinking, what is the point to be able to transfer home rights according to www.gov.uk if it is just applicable to the matrimonial home?

example:
My husband purchased property 1 (a one bed flat) which we lived in for 6 months and then after the birth of our child we decided to move and buy a two bed property (property 2). Both property 1 & 2 were in husband's sole name and had been lived in or intended to be lived in as the matrimonial home. Property 1 was rented once we moved but I have the right to register home rights on either one of the properties and can transfer the rights from one to the other.

Oh and then there is property 3, which my husband owned and lived in before we met. This property was a rental property since we met/married and was never (intended) a matrimonial home. This property is a matrimonial asset but I do not have MHR against it.

It is perfectly possible to have more than one marital home in the course of a marriage.

However you can't have hone rights on more than one property
at the same time.

Yes, of course homes are part of the marital pot available for division whether a spouse can establish home rights on them or not.

Bubblegum makes a valid point as to the dangers in having a buy to let mortgage for an owner occupied home and vice versa.

LMM