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What are matrimonial home rights?

View profile for Katie Hall
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What are matrimonial home rights, and do I have any?

Matrimonial home rights can play a huge part at the very start of dealing with the family assets. Upon marriage, you have a right to live in your home even if the property is not in your name. The family home is usually the main and most important asset to deal with when considering financial separation. Whether you have children or not, frequently, the first thought is ‘where am I going to live’ and ‘do I have the right to stay in my home?’ – this is particularly so when the property is in the sole name of your spouse

By registering your matrimonial home rights, you can prevent the sole owner from disposing or selling the property. The registration of the right gives notice that another person (other than the owner) has a right to occupy the property. If the owner of the property, then attempts to sell or transfer the property, in the process of doing so it will highlight to any buyer that there are rights reserved.

It is important to note that having matrimonial home rights does not give you a right to own all or part of the property but instead gives you a right to occupy the home. This right does not last indefinitely and only lasts usually until the divorce and finances are finalised, by way of agreement between you or by court order/final order in the divorce. In that time, you will both or the court will decide as to how the property will be dealt with longer term i.e. who will retain it or whether it should be sold to release equity.

Registering matrimonial home rights is hugely important to safeguard your position and when making any application it is suggested that you seek legal advice to ensure that you are in the best position possible to try to achieve the protection you desire for you and your children.

Get in touch with one of our specialist solicitors within the Biscoes family team to make sure you are aware of any rights you may have in respect of the family home.

023 9266 0261