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Do I need to move out of the family home during divorce proceedings?

Deciding whether or not to stay in the family home during divorce proceedings is very much a personal decision. Your spouse cannot make you leave the family home – this is true even if only one of you owns or rents the home.

It is important to obtain specialist legal advice if you are thinking of a divorce or if your spouse is asking you to leave. If only one of you owns the home then it is important to get legal advice to make sure they don’t sell the home without your knowledge while you’re still married.

If you are married the only way one of you can be forced to leave is through a court order. If you do decide to leave the family home, your spouse is not allowed to change the locks until the future of the home has been agreed.

This means that if you want to move out then you should be allowed back into the home to collect your belongings or for many other reasons.

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Austin Kemp’s team of specialist solicitors are experienced in providing legal advice to high net worth individuals who find themselves in this situation.

For more information on this subject please visit our Legal Library.


Contact us to see how we can help you with your divorce

For more information on your options call our team on 0845 862 5001 or email

We have client meeting office facilities available, in order to have face-to-face client meetings / conferences as and when required in London WC2N 4JF and Manchester M2 4PD. Please contact us for more details.

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Find out how we can help you, call us on
0333 311 0925 or email us today.

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