s 10 Release of matrimonial or civil partnership home rights and postponement of priority of matrimonial or civil partnership charge
(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. (2) Where a contract is made for the disposal of the estate in a dwelling-house affected by a registered matrimonial or civil partnership charge then, without prejudice to 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— (a) the delivery to the purchaser of such documents as are required to effect cancellation of the registration of the matrimonial or civil partnership charge ; or (b) the lodging of such documents in the Land Registry or the Registry of Deeds, as the case may require. (3) A spouse or civil partner entitled by virtue of Article 5 to a matrimonial or civil partnership charge may agree in writing that any mortgage of, or other interest in, that estate shall rank in priority to the matrimonial or civil partnership charge .