Getting a divorce and separating is an emotionally challenging experience and is particularly difficult when feelings have been hurt in the process. During the process, arrangements need to be made for how assets should be split with one of the most contentious issues usually revolving around the family home. Whether it is rented or owned, in both partners names or solely in one name, who gets to stay in the home is not always straightforward.
Joint home ownership
Where your family home is in both partners names, either rented or owned, then both partners have an equal right to stay in the property. During the divorce proceedings financial arrangements will include provision for the property and what course of action is to be taken. Where the property is owned the most common options include:
- If one partner wants to remain in the property, they can buy the other partner’s share
- The property can be sold with the proceeds of sale split equally
- If the couple have children together and the partner with the children wants to reside in the property, then they can be allowed to stay in the home until the children leave home, at this point the property should be sold and the profits divided
If the couple’s property is rented and one partner wants to stay in the property, then a Notice to Quit can be prepared which removes the other partner from the rental agreement.
Type of ownership
With owned properties the way that the property is owned is an important aspect when it comes to deciding who gets to stay in the property and how the house is divided on separation. There are two types of joint ownership which are Joint Tenants and Tenants in Common.
Joint Tenants – The most common setup for married couples and civil partners with a mortgage is for the property Title Deed to be in both parties names as Joint Tenants with equal shares. The starting point for negotiations around the family home start on a 50/50 basis.
Tenants in Common – This is another way for a property to be owned with ownership being between two or more people. The property can be owned in equal or unequal shares which is usually based on the initial investment by each person in the property.
Access to marital home
When it comes to the marital home, even if this is owned and in one person’s name the other partner may still be allowed to stay in the property. This generally applies if the couple are married or in a civil partnership with the spouse not names as the owner still having a right to stay in the marital home and occupy it.
If a couple is not married and the property is owned by one partner, then the other partner may still have a right to stay in the home in the short term. They may also be able to claim equity in the property if they have contributed financially over a period of time.
Conclusion
It is important to know your legal rights if you are thinking of getting divorced or separating. By knowing your rights you will be able to make better decisions as well as avoiding potential conflict, to find out more about divorce and separation and your rights when it comes to the family home get in touch with our friendly and professional team of lawyers today.
