The Matrimonial Home Is In My Spouse’s Name – Do I Have Any Rights?
“The Matrimonial Home Is In My Spouse’s Name – Do I Have Any Rights?” Family Law Solicitor, Alison Wilding discusses in her latest Timms blog……
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 and therefore a matrimonial asset. This means that its value will be considered on the financial settlement.
This still stands even if the property was owned by your spouse before you met them. The amount that you may receive for the property will depend on various factors that the court has to consider. One factor is the needs of the parties involved and 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 of occupation to live there. The right of occupation to live there only ends on either the Decree Absolute being pronounced which ends the marriage or a Court order limiting 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 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 have moved elsewhere. Regardless of whether you are continuing 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 the Land Registry. Your right of occupation will then be shown on the registry entries for the property.
If your spouse attempts to deal with the property, such as re-mortgaging it or selling it, then you will be given notice of these dealings. The prospective mortgage company or purchaser will also be given notice of your interest in the property. They will not wish to complete 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. This will then allow you time to negotiate a financial settlement with your spouse.
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 in the divorce. Otherwise, your spouse could sell the property without your knowledge. This could make it more difficult for you to have a full claim against the property.
If you think that you may have a right of occupation in your spouse’s property and wish to discuss this further our family department is happy to help.
You can contact us via 0800 011 6666, or visit our website here.
October 2021.