Divorce And The Matrimonial Home

In her latest blog, Family Law Solicitor Jessica Barnett discusses Divorce and The Matrimonial Home…

Do I Have Any Financial Claims Against The Property?

Financial settlements after a divorce are all based on individual circumstances. The property that you last lived in together as a married couple is the matrimonial home. It is often the biggest asset to be considered when a couple separate.

This is still true, even if the property was owned by your spouse before you met them or is their sole name.

The amount that you may receive for your share of the property will depend on various factors that the Court has to consider and as part of the overall settlement. One factor is the needs of the parties involved and those of any dependent children of the family.

Do I Have A Right To Continue To Live In The Property?

As the matrimonial home, even if the property is in your spouse’s sole name, you do have a right to live there – the right of occupation.

The right to live there only ends on:
1. The marriage coming to an end following the Decree Absolute or Final Divorce Order;
2. Your death; or
3. Another Court order limiting or removing that right.

The right only relates to the matrimonial home, which is the property you last lived in together as a married couple, and not any other property or properties that your spouse may own.

How Do I Protect My Right To Live In The Property?

You still have the right to live in the property even if you choose not to do so and wish to live elsewhere. Regardless of whether you wish to continue to live in the property or not, it is important to protect the right.

This can be done by registering a Home Rights Notice with HM Land Registry. Your right of occupation will then be shown on the registry entries for the property. This will then allow you time to negotiate a financial settlement with your spouse.

If your spouse attempts to deal with the property, such as re-mortgaging, selling or leasing it, you will be given notice of that. Any potential buyer, mortgage company or tenant will also be given notice of your interest in the property if they search the Land Register, which in most cases they would be required to do. It’s unlikely that anyone would wish to complete on a transaction involving the property without your right of occupation being removed from the Land Registry documents. This is because they will not want to own a property where you have a right of occupation.

The right of occupation only lasts whilst you are still married. Therefore, it is important to deal with the financial settlement before obtaining the Decree Absolute of Final Order in the divorce. Otherwise, your spouse could deal with the property without your knowledge. This could make it more difficult for you to have a full claim against the property and to obtain what is due to you.

If you think that you might have a right to occupy your spouse’s property, and wish to discuss this further please contact me on 01332 364436 or via email at j.barnett@timms-law.com.