Who Can Stay in a Property After a Divorce or Marital Separation?

For many people, their single most valuable asset will naturally be the home that they share with their spouse or civil partner. In the event of a separation, it is common to worry considerably about the effect the split will have upon where you live both now and in the future. For example, many people panic when a marriage or civil partnership breaks down, especially if the property is held solely in the name of their spouse. Although it’s natural to worry and feel vulnerable at this stage, it is important to know what your rights are.

Home Rights Notice

If you are married or in a civil partnership and the family home is held in the sole name of your spouse or civil partner and your relationship ends, you should consider registering your ‘home rights’ with HM Land Registry in order to prevent your partner from selling your home. You will then be protected from your spouse or civil partner; selling, transferring or mortgaging the property, without your knowledge.

Matrimonial home rights are a statutory right to protect your interest in the home you lived in whilst you were married or in a civil partnership, but where you do not own the property.

How is a Decision Made?

Deciding what happens to the house upon a divorce can be one of the most difficult obstacles to navigate in the event of a separation. It can depend on several factors, including whether you have children. These are set out within the Matrimonial Causes Act 1973.

The welfare of children during a divorce is prioritised by divorce law in England and Wales, therefore ensuring that children have a safe, secure home is a top priority when the decision is made. The law aims to protect children in the first instance by minimising disruption to their lives as much as is reasonably possible.

If you’re embarking on the process of separation and divorce, and worried about the effects it will have on where you live, we can help. Vines Legal will provide help and advice on your individual circumstances and we offer a FREE, no obligation initial consultation where we will explain everything in full, including all the options available to you. Click here to complete our enquiry form so we can book you in for your free Consultation, or call the office today on 01246 555 610.