Separating from a partner can be a difficult time, particularly when it comes to working out how you will split the assets that you have acquired over the years. Understanding your rights to property after separation is vital, if you want to conduct meaningful discussions with your spouse about what will happen to the family home, now that your relationship has come to an end.
What are your rights to property after separation? We take a closer look…
Rights to property after separation for married couples
For married couples who have decided to separate or divorce, your rights to property after separation will be governed by family law in England and Wales. If you are married, you have a right to a share of the property if your relationship breaks down. This is the case even if you do not legally own the property with your spouse.
Your rights to property after separation also include the right to stay in the family home (unless you have a court order which states to the contrary).
What will happen to the family home when you divorce will form part of your discussions with your spouse about how to divide your finances upon divorce. Even if the property is only in your spouse’s name, it will still form part of the ‘pot’ of marital assets when it comes to negotiating your financial settlement. If you can’t reach an agreement with your spouse, either between yourselves or with the help of mediation or Collaborative Law, you may have to ask a court to decide for you.
Possible outcomes include one party buying the other out, or the home being sold and the proceeds being split between both parties.
An experienced family solicitor, such as Austin Kemp, will be able to advise you what a fair financial settlement may look like in your circumstances – and what you could expect to happen to the family home.
Protecting your rights to property after separation when you’re married
If your spouse owns the family home, you may be able to register your interest in it by using a ‘matrimonial home rights notice’, as long as the property is registered with the Land Registry. If not, you may need to apply for a ‘Class F land charge’.
Once you have registered your interest in the property, your spouse will not be able to sell it without you being notified. The is an important part of your rights to property after separation.
If the property in question is not the family home, it may be possible to register a ‘restriction’ instead.
If you jointly own the family home with your spouse, it is important to find out whether you own the property as ‘joint tenants’ or ‘tenants in common’.
While your rights to property after separation do not depend on it, If you own the property as joint tenants, you may want to consider changing the ownership to tenants in common. Otherwise, if you die before your divorce is granted, your share of the family home would automatically pass to your spouse.
When considering your rights to property after separation, it’s also important to update your mortgage lender of your situation.
Rights to property after separation: seek legal advice
If you are going through a divorce, understanding your rights to property after separation is vital. If you are concerned about your position regarding your rights to property after separation, it’s important to get legal advice as soon as possible.
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How can our expert divorce solicitors help you with rights to property after separation
Our expert family law solicitors can help you with a range of legal issues relating to divorce, including:
Contact our expert divorce solicitors for advice on rights to property after separation
For more information call our divorce solicitors on 0845 862 5001 or email mail@austinkemp.co.uk.
Our expert family law solicitors offer a nationwide service. We have client meeting office facilities available, in order to have face-to-face client meetings / conferences as and when required in:
Leeds Office: St Andrew House, The Headrow, Leeds, LS1 5JW
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Please contact us for more details.
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30th January 2020
