Property and Divorce

Both spouses have the right to live in the family home, regardless of who owns the legal title. However, if you are not named on the title deeds, your spouse could sell or re-mortgage the home without your agreement. To best protect yourself, you should register a restriction against the title to prevent your spouse from dealing with the property alone. Please contact a member of our team if this applies to you.

This depends on how the property is held, whether as joint tenants or tenants in common, and whether any other documents were entered into at the time that spouse invested more money, such as a declaration of trust, pre or post nuptial agreement. The general rule is that property owned by a couple in equal shares will be treated as having a 50/50 interest regardless of who invested money in the property, unless there is evidence which contradicts this. We recommend that anyone in this position seeks legal advice at the earliest possible opportunity. If you are considering buying a property with your spouse and want to understand the implications of this in the event that you separate, please contact a member of our team.

You are both entitled to remain in the property so it is normally best to try and agree who will move out and how the costs of maintaining the property will be managed in the interim. In certain circumstances, you may be able to apply for an injunction, such as if your spouse has been violent towards you or is harassing you, known as non-molestation orders and occupation orders. Please contact a member of our team for urgent advice if you are in this situation.