In the midst of a divorce or separation, the question of who gets to stay in the shared property can be a major point of contention. Understanding the legal rights surrounding this issue is crucial during such a challenging and emotional time. While each situation is unique, there are laws in place to provide guidance and support to individuals navigating these complex circumstances.
For couples who jointly own a property, both parties typically have equal rights to the entire home throughout the divorce, separation, or annulment process. However, things become more intricate for individuals residing in their partner’s home. According to UK Government guidelines, you can usually continue living in your partner’s property until the divorce proceedings are finalised and a court settlement is reached. In cases where there is a dispute over property ownership or a court-issued continuation order, you may be permitted to stay for an extended period.
During divorce or separation, your entitlement to remain in the shared residence is known as “home rights.” If your partner attempts to evict you or restrict your access to the property, seeking legal advice and taking steps to assert your rights is recommended. Married couples and civil partners both hold home rights, allowing them to stay in the home even if not listed as an owner or tenant. For unmarried couples, home rights depend on whether the individual is a tenant or homeowner.
To safeguard your interests in the property you reside in while going through a separation, registering your home rights with HM Land Registry is advised. This registration prevents your partner from selling the home without considering your rights. Note that if your partner co-owns the property with someone else, applying for home rights may not be feasible unless they would receive all proceeds from a sale. However, if your partner is the sole owner, you can apply for home rights to protect your right to reside in the property.
In the event that you wish to move to another property owned by your partner, you must request to transfer your home rights. Individuals are typically only entitled to reside in one property at a time, as stated by the UK Government. Following the finalisation of a divorce or separation, your right to stay in your partner’s home usually ends. However, in cases where a continuation order is issued by the court, you may be allowed to remain in the property until disputes are resolved.
Applying for home rights or continued rights involves submitting the necessary forms to HM Land Registry, with a £1 fee for unregistered properties. Once approved, you will receive confirmation of your rights, and your ex-partner will be notified accordingly. By understanding and asserting your legal rights to the property during divorce or separation, you can navigate this challenging period with greater clarity and protection.