Our Property Ownership Disputes Service
When couples are married or in a civil partnership they are normally living in a property together. When a married or civil partners separate, the rules for dealing with the property are different to cohabiting couples or property owners who are not in a relationship and jointly own property.
How do disputes arise?
Many disputes over the property arise when the marriage or civil partnership breaks down and the owners disagree on whether the property should be sold, or the proportion of the equity each of them should receive when the property is sold, or ownership transferred.
If you are involved in a dispute of this nature then you should consider severing the joint tenancy and whether you need to make a new Will.
Why Work With Our Property Ownership Dispute Team
- We have been ranked as a Top Tier law firm by the Legal 500 for the last seven years.
- You will have access to the full Property Litigation and Family law experts across Myerson.
- You will receive city-quality property and family legal advice at regional prices.
- We provide a partner-led service to ensure you receive the best legal advice and commercially-minded support.
- We have a large team which is capable of meeting your deadlines.
- We are a full-service law firm operating from a one-site office, which means our teams communicate effectively and efficiently.
- We use the latest technology to ensure that we are working as efficiently as possible and that geographical distance is no bar to us from providing excellent client service.
- We were the winners of ‘Property Team of the Year 2021’ at the Manchester Legal Awards.
- Look at the Myerson Promise for further benefits of working with us here.
FAQs
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.
Meet Our Property Ownership Dispute Solicitors
Home-grown or recruited from national, regional or City firms. Our Property Ownership Dispute lawyers are experts in their fields and respected by their peers.
Contact Us
Book your consultation using the below enquiry form. Alternatively, you can call us on
0161 941 4000
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