Raleys Solicitors

Question: After many years of unhappiness, my husband and I have decided to divorce. I remain in our home whilst he has moved out. However, I am worried about my right to stay as I am not named on the Deeds. The house has been a family home since we bought it over 30 years ago and I cannot imagine living elsewhere. If we divorce, will I have to leave?

Raleys Solicitors’ Reply: Worries about remaining in a long held family home are often at the forefront of peoples minds in your position. Unfortunately, without knowing more about your particular financial circumstances it is difficult to give reassurance as to whether you could stay in the property in the long term. However, in the short term, just because your name does not appear on the Deeds does not mean that your husband has the right to force you to leave. The law recognises that situations such as yours often arise and that protection should be afforded to the spouse not named on the Deeds. As a result, the law protects you by recognising your ‘matrimonial home rights’. These rights mean that, by virtue of your marriage to your husband, you have gained a right to occupy the property. They also mean that you have a right not to be evicted or excluded from the house, or any part of it, by your husband without him first seeking the permission of the Court. These rights only cease on either your husband’s death or the end of your marriage, although the Court does have the power to extent your rights even beyond these two events.

As you have taken the decision to separate, I would recommend that you seek the advice of a specialist Family Solicitor as they will advise you about registering your matrimonial home rights. This is important as, at the moment, your husband could decide to sell or re-mortgage your home without your knowledge and consent. A good Family Lawyer will seek to prevent this from happening by taking steps to register your rights at the Land Registry straight away.

In addition to your right to occupy the property, it is also highly likely that you will have gained what is known as a beneficial interest in it. This means that although your name is not on the legal title, you will have a financial interest in the property. As stated above it is difficult, without having details of all the assets of your marriage, to reassure you that you would be able to remain in the property after the divorce. However, if this is your wish then your Solicitor should give proper consideration to whether it is feasible in all the circumstances. An important part of advising you in relation to the divorce will be the advice you receive on how to separate from your husband financially. Your Solicitor will need to review all the assets and liabilities of the marriage before giving you detailed advice particular to your circumstances. However, generally speaking, the starting point for the division of all the assets of the marriage would be 50/50. If it was possible for the family home to be transferred to you, and your husband compensated by receiving another property or savings etc, then there should be no reason for you to have to move.

Hopefully the above advice will have provided you with some reassurance as to your right to remain in your home at least in the short term. It is now important that you seek the advice of a specialist Family Solicitor on your long term position and we wish you all the best with this.

If you have a family law question ask Raleys Solicitors by e-mailing family@raleys.co.uk.

The contents of this article are intended for general information purposes only and shall not be deemed to be or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.