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Is your family home in your spouse’s sole name?
Sometimes there is a huge gap between accepting a marriage is at an end and doing something about it. One factor that might prevent one spouse from “getting the ball rolling” with the divorce is because the family home is in your spouse’s sole name.
If you tell your spouse you want a divorce – can they sell the house from underneath you or evict you?
Actually, the answer is no.
You do have family home rights which would prevent your spouse from selling the family home without you knowing, re-mortgaging or preventing you from returning to the family home if you have already left.
The legal position is that you have to register your Matrimonial Homes Rights with the Land Registry. However you are not obliged to notify your spouse that you are going to do this. The Land Registry do that automatically but only once your Matrimonial Rights have been registered.
Obtaining further advice
There is more to it in terms of the legal position and so it is essential to obtain proper legal advice on such matters. But, if you do find yourself in this situation, knowing that you do, in fact, have some rights will hopefully give you the confidence you need to pick up the phone to “get that very difficult ball rolling”.
For more information or guidance please contact our Family Law team who will be happy to help on family@franklins-sols.co.uk or 01604 828282 / 01908 660966