Matrimonial Home Rights

Matrimonial Home Rights

Going through a separation or divorce and worried about losing your home?
For most people the matrimonial home is their single biggest asset. It is therefore natural when going through a separation or divorce to worry about what your rights are especially if the matrimonial home is only owned by one spouse. However, if you are married or in a Civil Partnership you do have Matrimonial Home Rights which give protection under the Family Law Act 1996 to the non- owning spouse.

If the non-owning spouse is in occupation they have a right to not be evicted by the other spouse without an order of the court.

If you find yourself in this position and your spouse owns the property in their sole name, you should register a Matrimonial Home Rights Notice at the Land Registry. However, your home rights end once the divorce is final and it is therefore important to seek professional legal advice to ensure you are protected. Resolve your financial issues by way of an approved Court Order so that you can move forward into the future knowing exactly where you stand.

If you are not sure of your rights or need help with registering your interest do not hesitate to call Barber & Co for free friendly advice – we offer a free 30 minute consultation with a qualified Solicitor.

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