Form D50B: Transferring Property or a Tenancy on Divorce

At a glance

• What D50B actually covers: GOV.UK titles the form "Application under s17 of the Married Women's Property Act 1882, s66 of the Civil Partnership Act 2004, or application to transfer a tenancy" — it is not solely a tenancy-transfer form.
• Tenancy transfer route: governed by Schedule 7 to the Family Law Act 1996, available between spouses, civil partners, and (in narrower circumstances) cohabitants.
• Qualifying tenancies only: Schedule 7 lists specific tenancy types — Rent Act 1977 protected/statutory tenancies, Rent (Agriculture) Act 1976 statutory tenancies, Housing Act 1985 secure tenancies, Housing Act 1988 assured tenancies, Housing Act 1996 introductory tenancies, and Renting Homes (Wales) Act 2016 occupation contracts. Standard assured shorthold tenancies (ASTs) are not on that list.
• Owned property is a different route: transferring a house or flat you own is handled through a financial remedy application (starting with Form A), a court-approved consent order, and an HM Land Registry TR1 — not Form D50B.
• Court fee applies: check the current fee on GOV.UK before filing; Help with Fees may reduce or remove it.
• SDLT: transfers of property between spouses or civil partners made under a court order or a formal separation agreement connected to the marriage or civil partnership ending are generally exempt from Stamp Duty Land Tax — but check the current position on GOV.UK before relying on this.

What this document is

Form D50B is a family court application form published by HM Courts & Tribunals Service. Its full GOV.UK title spells out three separate legal routes it can be used for: an application under section 17 of the Married Women's Property Act 1882 (a summary procedure for resolving a dispute between spouses about title to, or possession of, property), an equivalent application under section 66 of the Civil Partnership Act 2004 for civil partners, or an application to transfer a tenancy under Schedule 7 to the Family Law Act 1996.

In practice, most people who search for "Form D50B" are looking for the third route — transferring a rented home from joint names, or from one partner to the other, when a relationship ends. This guide focuses mainly on that tenancy-transfer route, because it is the one with the most specific and commonly misunderstood rules, but it's worth knowing the form has a wider legal purpose than tenancy transfer alone.

The tenancy-transfer power in Schedule 7 applies where one spouse, civil partner, or (in more limited circumstances) cohabitant is entitled — solely or jointly — to occupy a dwelling-house under a "relevant tenancy." Schedule 7 defines that term specifically. It includes:

• a protected or statutory tenancy within the meaning of the Rent Act 1977;
• a statutory tenancy within the meaning of the Rent (Agriculture) Act 1976;
• a secure tenancy within the meaning of the Housing Act 1985;
• an assured tenancy or assured agricultural occupancy within the meaning of Part I of the Housing Act 1988;
• an introductory tenancy within the meaning of the Housing Act 1996; and
• an occupation contract within the meaning of the Renting Homes (Wales) Act 2016.

Standard assured shorthold tenancies (ASTs) — the tenancy type most private renters actually hold — are not included in this list, because Schedule 7's "assured tenancy" category specifically excludes assured shorthold tenancies. If your tenancy is an AST, Form D50B's transfer power is unlikely to be available to you, and you should get advice on your specific tenancy agreement before applying, since getting this wrong means filing an application the court has no power to grant.

Where the family home is owned rather than rented — whether outright or with a mortgage — Form D50B does not apply at all. That situation is dealt with under the financial remedy process described below.

How Form D50B fits alongside the financial remedy process

It's easy to conflate "transferring the family home" with Form D50B, because the form's old, informal shorthand name was simply "transfer of property." That shorthand is misleading for most divorcing couples, because the property they actually want to deal with is owned, not rented.

Where a marriage or civil partnership ends and the family home is owned:

1. Property adjustment orders sit within the main financial remedy framework. For married couples this is Part II of the Matrimonial Causes Act 1973; for civil partners the equivalent powers sit in Schedule 5 to the Civil Partnership Act 2004. The court can order a transfer of property, a sale, or a settlement of property as part of resolving finances on divorce or dissolution.
2. The process starts with Form A — the notice of (intention to proceed with) an application for a financial order — if the parties cannot agree, or as the formal step to put an agreed settlement before the court.
3. An agreed settlement is recorded in a consent order, submitted to the court along with the required statement of information, and only takes legal effect once approved by a judge and, in divorce, after the final order (decree absolute). GOV.UK's guidance on applying for a consent order sets out the current process.
4. Once the order is made, the transfer of the legal title is carried out at HM Land Registry, typically using Form TR1 (for a transfer of the whole of a registered title) or Form TP1 (for part of a title), supported by the court order. See our guide on Form TR1 for how that step works in practice.

Form D50B does not feature anywhere in that sequence for an owned property. It is reserved for the narrower situations described above: a property dispute under the 1882 or 2004 Acts, or a tenancy transfer that falls within Schedule 7's specific list.

Stamp Duty Land Tax on a divorce transfer

Where a property is transferred between spouses or civil partners under a court order made on divorce, dissolution, judicial separation, or a formal separation agreement made in connection with the relationship ending, the transfer is generally treated as exempt from Stamp Duty Land Tax. This exemption applies specifically to transfers between the parties to the marriage or civil partnership — it does not extend to a transfer to a third party, such as a new partner or a family trust. SDLT rules and reliefs are subject to change and depend on the exact facts (including any mortgage being taken over), so always check the current position on GOV.UK's SDLT reliefs and exemptions guidance or take advice before relying on the exemption.

How to use the tenancy-transfer route under Form D50B

1. Confirm your tenancy actually qualifies. Check your tenancy agreement against the "relevant tenancy" list in Schedule 7 to the Family Law Act 1996, set out above. If you're not sure what type of tenancy you hold, ask your landlord or check the agreement itself before proceeding — an AST will not qualify.
2. Confirm you're eligible to apply. You generally need to be married, in a civil partnership, or the relationship must have recently ended (or, in narrower circumstances, be a cohabitant who has ceased to cohabit), and the dwelling must be or have been the matrimonial, civil partnership, or shared home.
3. Gather the tenancy paperwork and personal details. You'll need a copy of the tenancy agreement, the landlord's name and address, and the full names and contact details of both you and your former partner, plus the dates the tenancy began and any rent or arrears information.
4. Complete Form D50B carefully, setting out who the applicant and respondent are, describing the property and the tenancy, and stating clearly what order you're asking the court to make. You will usually also need to prepare a witness statement in support. Sign the statement of truth; knowingly making a false statement can amount to contempt of court.
5. File the application and pay the fee, checking the current amount on GOV.UK (or applying for Help with Fees if eligible), then serve the respondent and the landlord, who must be given notice as an interested party under the Family Procedure Rules.
6. Attend the hearing and await the order. The court will weigh factors including the circumstances in which the tenancy was granted, the housing needs of each party, any children, financial circumstances, conduct, and the suitability of the parties as tenants, before deciding whether to make an order transferring the tenancy.

This is legal information, not legal advice

This guide explains the law of England and Wales in general terms as at the date below. It does not take account of your specific circumstances, and reading it does not create a solicitor–client relationship. LegalDocuments.co.uk is not a law firm and is not regulated by the Solicitors Regulation Authority. Whether Form D50B, a financial remedy application, or both apply to your situation depends on the type of tenancy or property involved and the facts of your case — for advice tailored to your circumstances, speak to our telephone legal advice service or consult a regulated solicitor.

Last reviewed: July 2026 by a non-practising solicitor · Next review due: July 2027 or on legislative change.