If I Leave the Marital Home What are my Rights UK
March 2023
If you are thinking about separating or getting divorced, you should not leave the marital home without first speaking to a family solicitor about your rights. Getting advice on whether you should be the one to leave the family home is crucial to protect your rights.
Our specialist family lawyers will look at your circumstances and advise you on your rights if you leave the marital home and the court orders available to help protect you, should you decide that it is in your interest to stay at the marital home.
Initial Discussion
This summary provides general information and does not constitute legal advice on any individual circumstances.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134 or email us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
What is a Marital Home?
A marital home is any property that you are living in with your husband, wife or civil partner. To count as a marital home the property does not need to be owned jointly with your spouse or owned in your sole name. The property can be registered at the land registry in the sole name of your spouse and still be classed as your marital home. The marital property can be mortgaged or even rented from a housing association or private landlord.
You should not assume that you do not have marital home rights just because you do not legally own the family home.
Marital Home Rights if you Leave the Family Home
You will not normally lose your legal rights if you leave the marital home but you may find it harder to negotiate a financial settlement. That is because if you leave the family home you may lose your bargaining power. Your ex-partner may try to delay a sale of the family home so they can continue to live there for as long as possible, whilst you stay with family or in rented accommodation.
Whilst you may think that you have no right to stay in the property, a family solicitor can advise you on your rights so you can make an informed decision. If you think you cannot stay in the property for practical or safety reasons, your family solicitor can advise you on claiming maintenance and child support to pay the household bills and advise you on whether you should apply to the court for a non-molestation order and an occupation order.
Protecting Your Marital Home Rights if you Separate
If the marital home is owned by your former partner, it is important to protect your marital home rights if you separate to avoid your ex-partner selling or mortgaging the property without your being aware of the transaction.
Your family solicitor can protect your marital home rights by registering a notice with the land registry. The notice warns potential purchasers or lenders of your rights as a spouse. The notice can be removed by your solicitor when you have reached a divorce financial settlement. The notice is cancelled if you get divorced unless the court extends the length of the protection.
Marital Homes and Divorce Financial Settlements
In divorce financial settlement court proceedings, you can ask the court to order the sale of the property or transfer the marital home into your name, or to transfer the property out of your joint names and into your sole name. The court has the power to make these different orders whether you are the legal owner of the family home and whether you left the marital home at the time of your separation.
Although you retain your rights to make a claim against the marital home if you leave it, the decision to leave the property may not be in your financial or best interests. For example, a judge may be more inclined to order that the children continue to live with the spouse staying at the family home as that provides greater continuity for the children.
Alternatively, the judge may take the view that it would be appropriate to order that the family home is transferred into your spouse’s name if they have been living at the property during the period of separation and instead give you a greater share of other assets.
Family solicitors urge caution before leaving the family home so you understand your rights before you vacate the property and how you may lose a tactical advantage by leaving the marital home before a financial settlement is reached.
Your family solicitor can advise you on the orders available to help you stay in the property until you can negotiate a divorce settlement, or the court makes a financial court order.
At Fullers Family Law, we are experts at advising on your family law rights, so you have the information you need to protect your rights and reach a fair divorce settlement.
How Can Fullers Help?
We understand that finding a solicitor that you feel understands your own specific situation can be a daunting task. So you can book a free callback with us here and/or arrange a free 20 minute consultation.
We have also created a series of fixed-price consultation meetings with a full ‘no questions asked’ money-back guarantee promise.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134, filling in the contact form below, or emailing us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
