My ex-husband/ex-civil partner and I have separated. I lived in his property during the relationship. Am I entitled to any share of his property?
By virtue of your marriage or civil partnership, you have the right to claim against the home you occupied during your relationship regardless as to who owns the property.
If you are in this situation, please do give us a call to discuss your situation in more detail.
My wife/civil partner and I are going to get a divorce, will I be able to keep the house?
Even though your home may be in your spouse or civil partner’s name, you do have extensive rights under the Matrimonial Causes Act 1973 or Civil Partnership Act 2004 to seek an order that the property is transferred to your sole name, or to seek an order for the sale of the home. In some circumstances, you may be able to remain in your home for many years post-divorce or the termination of your civil partnership until the children have finished their education.
The Court has a wide discretion to decide how assets are going to be divided and will consider all of the circumstances including, whether any children are involved, what other assets there are, your earning capacity and mortgage capacity and whether either spouse or civil partner can afford to maintain the family home or whether it would need to be sold.
The Court will consider whether a spouse/civil partner can raise a mortgage in his or her name and will consider the parties’ needs both now and in the future including the need for both spouses to provide a home for the children.
There are various Orders that the Court can make and to be able to advise you on the likely outcomes we would need to consider the financial position and needs of both parties.